A location approval shall be required for any sign that encroaches into the public right of way. A location approval shall be issued only if the city engineer determines that the sign will not interfere with safe pedestrian and vehicular travel in the right of way. As a condition of granting the location approval, the city may require the owner of the sign and the owner of the property benefited by the sign to enter into a recordable covenant holding the city harmless and indemnifying the city from any damages that may result from the placement of the sign in the public right of way. Additionally, if required by the city, the applicant shall maintain a bond, or equivalent security satisfactory to the city, and insurance for the period during which the approval is effective. The city shall require the hold harmless and indemnification agreement, the security, and the insurance as the city determines is necessary to protect its interests.
A. Security: The security, if required, shall be in an amount established by the city engineer and in a form satisfactory to the city attorney. The security shall be provided for the purpose of securing the removal of the sign and the repair of the public right of way in the event that the applicant fails to comply with the conditions of the location approval or fails to remove the sign and repair the public right of way upon termination of the business or activity identified by the sign.
B. Insurance: The insurance, if required, shall be in an amount satisfactory to the city's risk manager and shall comply with the requirements set forth in title 3, chapter 4 of this code. The insurance shall name the city as an additional insured and shall insure the applicant and the city against injuries to persons or property as a result of the placement of the sign in the public right of way. (Ord. 96-O-2257, eff. 5-10-1996)