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17 <br /> <br />3. Any accident, damage, death, or injury to any person or accident, damage, or injury <br />to any real or personal property in, upon, or in any way allegedly connected with <br />the collocation of any small wireless facility or installation or replacement of any <br />wireless support structure authorized by a small wireless facility permit, or while <br />in or about the public right-of-way that are subject to the small wireless facility <br />permit, from any causes or claims arising at any time, including any causes or <br />claims arising from exposure to radio frequency emissions; and <br />4. Any release or discharge, or threatened release or discharge, of any hazardous <br />material caused or allowed by a permittee or its agents about, in, on, or under the <br />public right-of-way. <br />B) Defense of City. Each permittee agrees that, upon the request of the department, the <br />permittee, at no cost or expense to the city, shall indemnify, defend, and hold harmless the <br />city against any claims as set forth in this Section, regardless of the alleged negligence of <br />the city or any other party, except only for claims resulting directly from the sole negligence <br />or willful misconduct of the city. Each permittee acknowledges and agrees that it has an <br />immediate and independent obligation to defend the city from any claims that actually or <br />potentially fall within the indemnity provision, even if the allegations are or may be <br />groundless, false, or fraudulent, which obligation arises at the time such claim is tendered <br />to the permittee or its agent by the city and continues at all times thereafter. Each permittee <br />further agrees that the city shall have a cause of action for indemnity against the permittee <br />for any costs the city may be required to pay as a result of defending or satisfying any <br />claims that arise from or in connection with a small wireless facility permit, except only <br />for claims resulting directly from the sole negligence or willful misconduct of the city. <br />Each permittee further agrees that the indemnification obligations assumed under a small <br />wireless facility permit shall survive its expiration or completion of collocation of any <br />small wireless facility authorized by the small wireless facility permit. <br />C) Additional Requirements. The department may specify in a small wireless facility permit <br />such additional indemnification requirements as are necessary to protect the city from risks <br />of liability associated with the permittee's collocation of any small wireless facility or <br />installation or replacement of any wireless support structure. <br />98.150 Fees and Costs. <br />A) Application Fees. The department shall charge a fee for reviewing and processing a small <br />wireless facility permit application. These fees shall be identified in Chapter 33 of the St. <br />Anthony Village City Code. The purpose of this fee is to enable the department to recover <br />its costs directly associated with reviewing a small wireless facility permit Application. <br />Commencing January 1, 2020, the department shall adjust the Application Fees annually <br />by the consumer price index for the Minneapolis-St. Paul area. <br />B) Annual Small Wireless Facility Permit Fee. The department shall charge an annual small <br />wireless permit fee for each small wireless facility permit issued to a permittee. The Annual <br />small wireless permit fee shall be determined by the director and listed in the city’s fee