(A) Prior to the issuance of a permit, the applicant must agree, in writing, that it shall indemnify, defend, and save harmless the city, its officers, agents, and employees, from and against all liability, claims, suits, damages, losses, costs, attorneys’ fees and expenses of any or all types arising out of, or related in any way to, the permitted outdoor dining area.
(B) The applicant shall maintain such general liability insurance with at least $1,000,000 coverage per each occurrence and shall the name as additional insured the city, its agents, officers, directors and employees. A copy of said insurance policy shall be furnished to the city.
(C) The authorization and privilege granted by a permit approved under this subchapter shall be terminated due to the operator’s failure to comply with any federal, state or local laws, any unabated nuisances or whenever the city desires to use the affected public right-of-way for any public purpose. In the event the city shall have a public need for use of the right-of-way, or the property affected by the right-of-way, the city may terminate the use of such right-of-way by written notification to the applicant for the removal of any encroachments, and the operator shall cease use of the right-of-way unless and until such time the city has no public need for use of the right-of-way. Said removal shall be completed by the date specified in the notice and shall be accomplished by the applicant without cost to the city. If the applicant fails or neglects to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of the operator, and shall not be liable to the operator for any loss, financial or otherwise, or damage to the encroachment or personal property within the encroachment area.
(Ord. 300, passed 7-28-2022) Penalty, see § 93.999