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6.G. - Page 24 of 31
<br />A. Provide private property owner's written, dated and signed consent for use of area to be used for outdoor
<br />dining (e.g., a parking lot) by signing this application. This is particularly important where the Applicant
<br />does not have exclusive use of the area to be used for outdoor dining, e.g. a shopping center parking
<br />lot.
<br />B. ADA parking space(s) must not be used for activity under this permit. A minimum of one (1) pick-
<br />up/drop-off customer space must be maintained close to the business entrance.
<br />15. Requirements for Use of Public Property — Indemnification and Insurance. Section 15 shall apply where
<br />the Applicant is using City Property and/or Right of Way (as defined in City Code Section 29.2) for any work
<br />or activity performed under this Permit, including but not limited to outdoor dining activity. Section 15 is not
<br />applicable to the use of private property.
<br />A. Applicant agrees to defend, indemnify, and hold City and its City Council, officers, officials, employees,
<br />agents and representatives (all of the foregoing collectively "Indemnitees") harmless from and against
<br />all actual and alleged liability, loss, cost, claims, demands, causes of action, suits, legal or administrative
<br />proceedings, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable
<br />attorneys' fees and costs of litigation) (all of the foregoing collectively "Claims") resulting from or arising
<br />in connection with work performed by Applicant pursuant to this Permit; Claims resulting from or arising
<br />in connection with the failure on Applicant part to perform work under this Permit; Claims resulting from
<br />or arising in connection with the use of the Project Site or the improvements located thereon by Applicant
<br />or Applicant's agents, employees, invitees, contractors or subcontractors; or Claims arising as a result
<br />of or in connection with any release of any hazardous material in, on, under or about the Project Site by
<br />Applicant, or Applicant's agents, employees, invitees, contractors, or subcontractors, or any other
<br />violation of any environmental law by Applicant or Applicant's agents, employees, invitees, contractors
<br />or subcontractors. Applicant's indemnification obligations under this Permit do not apply to any Claims
<br />caused solely by the gross negligence or willful misconduct of any of the Indemnitees. Applicant's
<br />preceding indemnification obligations shall survive the expiration or earlier termination of this Permit.
<br />B. Applicant shall file and maintain on file with the City evidence of self-insurance or a certificate of
<br />insurance demonstrating public liability and property damage insurance coverage of a type and in
<br />amounts determined sufficient by the City's Risk Manager. The insurance coverage shall insure the
<br />Applicant and the City, its City Council, officers, agents, officials and employees, against any loss by
<br />reason of injuries to, or death of persons, or damages to property arising out of or related to any work
<br />performed by the Applicant, its agents or employees performed under this permit, or arising out of the
<br />failure on the Applicant's part to perform work under this permit, or arising from or caused by the
<br />structures or encroachments placed in, on, under or over the surface of any right-of-way or City
<br />property pursuant to this permit. Such insurance shall be primary and provide coverage for all liability
<br />assumed by the Applicant for work performed under this permit and shall be provided by the Applicant in
<br />minimum amounts as required by the City's Risk Manager.
<br />ATTY/DOCS-PERMITS/2020.001/OUTDOOR DINNING APPLICATION
<br />REV: 06-15-2020 PR
<br />Application Page 2 of 9
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