(A) The use of the sidewalk dining area by Permittee shall be subject to and conditioned upon the Permittee maintaining liability insurance as provided above. Permission to establish and maintain the sidewalk dining area shall not be construed to relieve the restaurant of liability for any negligence on the restaurant’s part on account of or in connection with the sidewalk dining area. By acceptance of the authorization granted by the permit to establish and maintain a sidewalk dining area and by establishing and maintaining the sidewalk dining area, the Permittee shall be deemed to have promised and agreed to save harmless the City of Mt. Vernon from any and all liability (including attorney’s fees) and litigation fees arising by reason of the establishment, construction, placement, existence, use or maintenance of the sidewalk dining area.
(B) The authorization granted by a permit approved under this Chapter 119 to establish and maintain a sidewalk dining area is not intended to constitute, and shall not be deemed to be a waiver of sovereign immunity by or on behalf of the City of Mt. Vernon or any of its officers or employees.
(C) Neither the City of Mt. Vernon, nor any public utility company shall be responsible for damage to property of Permittee placed into the sidewalk dining area during repair, maintenance, or replacement of the sidewalk or during repair, maintenance, or replacement of a right-of-way or any public facility or utilities in the area of the sidewalk dining area. Permittee shall upon reasonable notice from City remove any and all property of Permittee designated by City whenever the City of Mt. Vernon desires to use the subject sidewalk for any purpose whatsoever and when the City by written notification requests from the Permittee to remove Permittee’s equipment. If Permittee shall fail or neglect to remove the property of Permittee within the time specified, the City shall have the right to remove the property at the expense of the Permittee and City shall not be liable to the Permittee for any loss or damage to any property of Permittee, including but not limited to any property within the sidewalk dining area, caused by the removal.
(Prior Code, Art. 32, § 32H)