1. By execution of the parklet revocable license as a condition precedent to the installation, construction, use, operation, maintenance and repair of a parklet, the permittee shall protect, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, costs, charges and other expenses, including reasonable attorney's fees, or liabilities of every kind, nature or degree arising out of or in connection with the rights, responsibilities and obligations of permittee under the parklet revocable license, conditions contained therein, the location, construction, repair, maintenance, use or occupancy by permittee of the parklet license area, or the breach or default by permittee of any condition proscribed by this chapter or covenants or provisions of the parklet revocable license, except for any occurrence arising out of or resulting from the intentional torts or gross negligence of the City, its officers, agents and employees.
2. At all times while the parklet revocable license is in effect, the permittee, at its expense, shall keep or cause to be kept in effect the following:
A. Commercial general liability.
(1) Limits of liability:
Bodily injury and property damage liability:
Each occurrence-One million dollars ($1,000,000.00)
B. Business automobile liability.
(1) Limits of liability:
Bodily injury and property damage:
One million dollars ($1,000,000.00) combined single limit, per occurrence;
Including hired, borrowed or non-owned autos.
C. Employer's liability.
(1) Limits of liability:
One hundred thousand dollars ($100,000.00) for bodily injury
caused by an accident, each accident;
One hundred thousand dollars ($100,000.00) for bodily injury
caused by disease, each employee;
Five hundred thousand dollars ($500,000.00) for bodily
injury caused by disease, policy limit.
The permittee shall deliver to the City copies of all insurance policies required hereunder and proof of full payment thereof on or before the effective date of the parklet revocable license. From time to time, the permittee shall procure and pay for renewals of insurance required herein before it expires. The permittee shall deliver to the planning and zoning department the renewal policy at least twenty (20) days before the existing policy expires.
3. If the permittee fails to obtain and maintain insurance as required herein and such failure shall continue for a period of fifteen (15) days after notice by the department, the City may, but shall not be obligated to, effect and maintain any such insurance coverage and pay premiums therefor, with the ultimate cost and expense thereof to be the responsibility of permittee.