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i <br /> 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, arability 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 /> cettificate 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 T 3_mit9• 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 Requited Llm't% The City may waive or reduce the innsurance tequirements of this <br /> Section under the following citcumstances: <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 i <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 organnization signs a verified statement that the insurance <br /> coverage required by this Section is impossible to obtain;of <br /> c) The City Council determines that the insurance requa:ements 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 /> 38522 Penalty <br /> Violation of'ny 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 tale effect upon publication as provided by law, <br /> i <br /> Passed and adopted by the City Council of the City of Ellt River this 2"'day of <br /> March,2009. <br /> i <br /> 1 <br />