Laserfiche WebLink
however, the applicant's obligation to pay all expenses as provided in this section is not limited to the amount of the <br />deposit. In the event that the actual expenses of the City related to the event are less than the amount of the deposit, the <br />City will refund the excess funds to the applicant. <br />38 -519 Indemnification <br />All Special Event permits shall include a provision by which the permit holder agrees to defend, indemnify and hold the <br />City, its officers and employees, harmless from any liability, claim, damages, costs, judgments or expenses, including <br />attorney's fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors <br />and omissions of event promoter, its agents or employees, arising out of the conduct of the activity authorized by such <br />permit and against all loss caused in any way by reason of the failure of the event promoter to fully perform all <br />obligations under this section. <br />38 -520 Insurance Requirements <br />Subdivision 1. Liability Insurance Required. The applicant or sponsor of a Special Event must possess or obtain liability <br />insurance to protect against loss from liability for damages on account of bodily injury or property damage arising from <br />the special event. A certificate of insurance must be filed with the City prior to issuance of any Special Event permit. The <br />certificate of insurance must name the City, its officials, employees and agents, as additional insureds. Insurance coverage <br />must be maintained for the duration of the Special Event. <br />Subd. 2. Minimum Limits. Insurance coverage must be a commercial general liability policy. The minimum limits must <br />be at least $1,000,000. If alcoholic beverages are to be sold or distributed at the special event, the policy must also include <br />an endorsement for liquor liability per Chapter 6 of the City Code. The City Council may require additional <br />endorsements depending upon the type of special event and proposed activities. <br />Subd. 3. Waiver or Reduction of Required Limits. The City may waive or reduce the insurance requirements of this <br />Section under the following circumstances: <br />a) The applicant or officer of the sponsoring organization signs a verified statement that it believes that the <br />special event's purpose is First Amendment expression and that the cost of obtaining the insurance is so <br />financially burdensome that it would constitute an unreasonable burden on the right of First Amendment <br />expression; <br />b) The applicant or an officer of the sponsoring organization signs a verified statement that the insurance <br />coverage required by this Section is impossible to obtain; or <br />c) The City Council determines that the insurance requirements are in excess of the reasonable risk <br />presented by the proposed special event, <br />38 -521 Applicability <br />The provisions of this chapter and of all regulations made thereunder and all permits issued thereunder shall be subject <br />to all applicable and controlling provisions of federal, state and city laws, and of all regulations and orders issued <br />thereunder. <br />38 -522 Penalty <br />Violation of any provision of this chapter shall be a misdemeanor and subject to all penalties provided for under state <br />law. <br />Section 2, That this ordinance shall take effect upon publication as provided by law. <br />Passed and adopted by the City Council of the City of Elk River this 2 "d day of <br />March, 2009. <br />