(A) Upon issuance of a parklet permit in the public right-of-way pursuant to this chapter, the permittee shall post, and maintain at all times while the permit is effective, a security bond and insurance. The security bond and proof of insurance, when required, shall be deposited with the Town Clerk before the permit is issued.
(B) The amount and form of the bond shall be designated by the reviewing authority at the time of approval of the parklet permit, and shall be in an amount which is determined to be sufficient for removal of the parklet area in the event the permittee fails to comply with the conditions of the permit. The form and content of the bond shall be satisfactory to the Town Attorney. The bond may be waived where it is determined that the potential for any injury to the town from the existence of the parklet area is minimal. Any security bond required by this section may be cash, or cash equivalent security approved by the Town Attorney and the Town Clerk.
(C) The amount of insurance shall be designated by the reviewing authority, after discussion with the Town Attorney, at the time of approval of the parklet permit, and shall be in an amount which is determined to be sufficient to adequately protect the town, persons, and property from injuries or damages which may be caused by the use or operation of the parklet area authorized by the permit. The certificate(s) of insurance deposited by the applicant with the Town Clerk shall name the Town of Fairfax as additional insured and provide the minimum coverage amount required by the town.
(Ord. 868, passed 9-7-2022)