(a) Prior to the issuance of a permit, the applicant must agree, in writing, that it shall hold harmless, indemnify, and defend the West Virginia Division of Highways, the City of Parkersburg and its officers, agents, and employees, from and against all liability, injuries, deaths, losses, claims, suits, damages, judgements, costs and expenses, consequential or otherwise, including 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 of an Outdoor Dining Area permit shall provide at its sole cost and expense and shall maintain in effect during the entire period of the permit, insurance in the following manner.
(1) Worker's Compensation insurance in at least the required statutory limits;
(2) The applicant shall maintain comprehensive general liability insurance, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million dollars ($1,000,000) coverage per each occurrence, and one million dollars ($1,000.000) for any single injury; and shall name as additional insured the City of Parkersburg, its agents, officers, elected officials and employees.
(3) A copy of the certificates of insurance for the required policies for each type of insurance shall be furnished to the City of Parkersburg prior to the issuance of an Outdoor Dining Area permit. The required insurance policies shall each provide that they shall not be changed or canceled during the life of the Outdoor Dining Area permit until thirty days after written notice of such change has been delivered to the City. Operators shall submit proof of General Liability Insurance when filing their renewal fee with the City of Parkersburg on an annual basis.
(c) The authorization and privilege granted by a permit approved under this section shall be terminated due to the Operator's failure to comply with the City's rules and regulations concerning outdoor dining areas, 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. 0-1574. Passed 9-26-17.)