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6.F. - Page 24 of 31
<br />where the Applicant does not have exclusive use of the area to be used for outdoor business activity,
<br />e.g. a shopping center parking lot.
<br />B. ADA parking space(s) must not be used for outdoor business activity under this permit. A minimum of
<br />one (1) pick- up/drop-off customer space must be maintained close to the business entrance.
<br />C. For private parking lots, Applicant has met the following requirements:
<br />ADA parking space(s) and a minimum of one (1) pick-up/drop-off customer space is
<br />maintained close to the business entrance; and
<br />Applicant has exclusive use of parking lot, and no more than 30% of the parking is used for
<br />outdoor dining or a site plan is provided showing the desired amount of parking spaces.
<br />Design should not generate overspill parking impacts to adjacent businesses or residents;
<br />or
<br />iii. Applicant does not have exclusive use of the parking lot, but has obtained approval from the
<br />owner/ landlord who holds these exclusive rights as acknowledged by signing the site plan
<br />showing the desired amount of parking to be used for outdoor dining and by signing this
<br />Temporary Outdoor Business Permit.
<br />15. Requirements for Use of Public Property — Indemnification and Insurance. Section 15 shall apply where the
<br />Applicant is using City Property and/or Right of Way (as defined in City Code Section 29.2) for any work or
<br />activity performed under this Permit, including but not limited to outdoor business 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 insurance
<br />demonstrating public liability and property damage insurance coverage of a type and in amounts
<br />determined sufficient by the City's Risk Manager. The insurance coverage shall insure the Applicant and
<br />the City, its City Council, officers, agents, officials and employees, against any loss by reason of injuries
<br />to, or death of persons, or damages to property arising out of or related to any work performed by the
<br />Applicant, its agents or employees performed under this permit, or arising out of the failure on the
<br />Applicant's part to perform work under this permit, or arising from or caused by the structures or
<br />encroachments placed in, on, under or over the surface of any right-of-way or City property pursuant to
<br />this permit. Such insurance shall be primary and provide coverage for all liability assumed by the
<br />Applicant for work performed under this permit and shall be provided by the Applicant in minimum
<br />amounts as required by the City's Risk Manager.
<br />ATTY/DOCS-PERMITS/2020.003/OUTDOOR BUSINESS APPLICATION
<br />REV: 09-01-2020 PR
<br />Application Page 2 of 9
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