(A) The applicant shall indemnify and hold harmless the City of Weirton, its officers, agents, employees and volunteers from any and all claims, causes of actions, penalties, losses, expenses (including reasonable attorney's fees) and any other liability for injuries or damages to persons or property resulting from the special event which occurred by the omissions or authorized acts of the applicant.
(B) If the city incurs any costs because of the applicant's failure to comply with any provisions, and city property is destroyed or damaged because of a special event, the applicant shall reimburse the city for its actual costs, including the actual repair or replacement cost of the property. The city may retain any deposit or portion thereof as full or partial reimbursement for any such damage.
(C) General liability insurance coverage, for $1,000,000 per instance and $2,000,000 aggregate, must be required before an event and maintained throughout the duration of the event, including set-up, and dismantle periods. The City of Weirton is to be named as an additional insured.
(D) The city reserves the right to recommend a higher amount of required insurance depending on the proposed activity.
(E) Requested use of rights of way or property owned by entities or persons other than the City of Weirton may require additional approvals, conditions or indemnification and insurance. Approval of private property owners or state/county properties for use of rights of ways and property is the sole responsibility of the applicant.
(F) No applicant shall be required to comply with the insurance requirement of this section if the First Amendment to the United States Constitution protects the activity proposed for the special event and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the special event from occurring.
(G) All events are subject to the requirement to successfully pass all fire, life safety and building safety inspections when applicable.
(Ord. 2133, passed 10-13-20)