(a) Written applications for the permit required in § 1022.02 shall be in the name of and signed by the person proposing to do the work. It shall contain the name of the owner of the abutting property and such other information as is required to identify the site of the work. A separate permit shall be required for each lot or parcel of land involved.
(b) Any person granted such permit shall be subject to the following obligations to the City in the exercise of the privilege hereby granted:
(1) To guard, provide warning signals and barriers and otherwise do any and all things necessary to prevent injury to persons and property by reason of any excavation, construction or other activity undertaken pursuant to such permit;
(2) To indemnify and hold harmless the City from and against any claim, demand, lawsuit or judgment of any person whatsoever, arising out of the exercise of the privilege granted by such permit, and based on either property damage or personal injury, or both, and to reimburse the City for any expense incurred by it by reason of any such claim, demand, lawsuit or judgment, and to assume responsibility for and to defend any lawsuit which may arise therefrom; and
(3) In the case of a person, other than the owner of the abutting property, to procure and furnish satisfactory evidence that he, she or it has procured and is keeping in full force and effect a policy of liability insurance, providing himself and the City with indemnification against any claims, demands, lawsuits or judgments arising out of the exercise of the privilege granted; such policy of liability insurance is to guarantee at least fifty thousand dollars/one hundred thousand dollars ($50,000.00/$100,000.00) for personal injuries and fifteen thousand dollars ($15,000.00) for property damage. The requirements of this division may be dispensed with when, in the opinion of the Engineering and Environmental Services Director, or his or her duly authorized representative, the nature of the undertaking does not require same.
(Am. Ord. O2007-24, passed 3-20-2007)