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A. City Not Liable. Neither the city nor its employees shall be liable for any claim, loss, injury or damage to persons or property of whatsoever kind or nature, caused in whole or in part by or arising directly or indirectly out of the issuance of any license hereunder, or the conduct or operation of any such sidewalk use business.

B. Indemnity. Prior to the operation of a sidewalk use business, the owner shall execute and deliver to the city, on a form supplied by the City Planning Department, an agreement in writing to defend, indemnify and hold harmless the city and its employees from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such sidewalk business.

C. Liability Insurance Required. Prior to the operation of a sidewalk use business, the owner shall file with the City Planning Department evidence of commercial general liability insurance. The limits of such policy shall be not less than $1,000,000 combined single limits per occurrence.

The city shall be an additional insured party on such policy. Such policy shall insure against liability from injury or damage resulting from applicant’s occupancy of or activities on public right-of-way under the license to be issued. Said insurance shall be maintained in effect during the term of the license. The applicant shall provide a certificate of insurance evidencing the required coverage, and a copy of the endorsement naming the city as an additional insured on the policy. The city retains the right to request a certified copy of the policy. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2794 § 1 (Att. A), 2008; Ord. 2316, 1994. Formerly 17.10.160)