By submitting this application, the temporary outdoor expansion applicant (“Applicant”) acknowledges that any accommodations granted by the City are temporary in nature and may be amended or rescinded by the City at any time.
The Applicant acknowledges that the granting of temporary business accommodations shall not be construed to create any permanent vested rights in favor of the applicant.
The Applicant understands that the City may place additional restrictions and conditions on individual requests. City staff will directly communicate restrictions and conditions for granted requests to each applicant.
INSURANCE
The Applicant agrees to keep and maintain for the duration of the accommodation including but not limited to commercial general liability insurance. The Applicant shall furnish the City with a certificate of insurance listing the City of Asheville, PO Box 7148, Asheville, NC 28802, as certificate holder and an additional insured under the Applicant’s general liability policy.
In the event of bodily injury and/or property damage caused by the Applicant’s negligent acts or omissions in connection with Contractor’s services performed under this Agreement, the Applicant’s liability insurance shall be primary with respect to any other insurance which may be available to the City, regardless of how the “Other Insurance” provisions may read.
INDEMNIFICATION
The Applicant shall indemnify and hold harmless the City of Asheville and its subsidiaries, divisions, officers, directors and employees from all liabilities, losses, costs, claims, damages, expenses, attorney fees, judgments and awards that are proximately caused by the negligent acts or omissions of the Applicant or any employee, agent or assign of the Applicant.
The Applicant shall comply with the provisions of the Americans with Disabilities Act (ADA) and all rules and regulations promulgated thereunder. The Applicant hereby agrees to indemnify the City of Asheville from and against all claims, suits, damages, costs, losses and expenses in any manner arising out of or connected with the failure of the Applicant, its subcontractors, agents, successors, assigns, officers or employees to comply with provisions of the ADA or the rules and regulations promulgated thereunder.
Nothing herein shall be construed as a waiver on the part of the City of Asheville to any defense of any claim, including, but not limited to the defense of governmental immunity.
AUTHORIZATION REVOCATION
Failure to adhere to stated guidelines on the use of portable heaters may result in the immediate revocation of any authorization issued for use of temporary outdoor expansion spaces. Authorized program participants are advised to ensure that all members of their staff are familiar with the guidelines for the use of portable heaters, as ignorance of the guidelines will not be accepted as a defense to violations. The City reserves the right to terminate program authorization for violations of the rules surrounding portable heaters without any advance notice to the permit holder.