The director of public works may require the applicant to file with the department of public works, prior to the effective date of such permit, a certified copy, together with evidence of premium payment, of a comprehensive general insurance policy in a form approved by the city attorney, issued by a company duly authorized to do business in the state of Washington. Said policy shall run for the duration of the permit. Coverage provided by the insurance policy shall include, but shall not be limited to, all of the usual coverages commonly referred to by the insurance industry as: operations liability products/completed operations liability and contractor's protective liability blanket contractual liability. The insurance policy shall: (1) name the city of Sumner as an additional insured; (2) apply as primary insurance, regardless of any insurance which the city may carry; (3) include a "cross-liability" (severability of interest) clause; and (4) include limits of protection of not less than $500,000 combined single limit, bodily injury and property damage. It is to be understood and agreed that the obligation to permittee to hold harmless the city from claims for damages arising out of the operations related to the permit shall not be limited to the amount of insurance provided by the permittee. The insurance policy shall further contain a clause obligating the company issuing the same to give to the city attorney of the city of Sumner 30 days' notice before the cancellation of said policy. If the application is for a permit to construct or maintain an areaway, fuel opening, sidewalk elevator or door, or to use or occupy the planting strip by erecting a bulkhead, steps, retaining wall, rockery, structure, or any facility therein, in addition to the foregoing comprehensive general insurance policy, the owner of the premises in front of which, and in connection with which, the same is to be constructed, erected, maintained, used, or occupied, and any existing lessee, sublessee, tenant, and/or subtenant using or occupying the basement of the premises in connection with which such structure is to be used, before the permit is issued, shall, in the manner provided by law for the execution of deeds, execute and deliver to the city of Sumner upon a form to be supplied by the director of public works, an agreement in writing, signed and acknowledged by such owners and by such existing lessee, sublessee, tenant, and/or subtenant, and containing an accurate legal description of said premises and a covenant on the part of such owner, lessee, sublessee, tenant, and/or subtenant, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants, and subtenants, forever to hold and save the city of Sumner free and harmless from any and all claims, actions, or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of the use of such public place, or of the construction, existence, maintenance, or use of such structure. If the application is for a permit to construct and maintain an areaway, such agreement shall also contain a covenant on the part of the persons or corporations executing the same, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants, and subtenants, assuming the duty of inspecting and maintaining all services, instrumentalities, and facilities installed in the areaway to be constructed or occupied under authority of such permit and assuming all liability for, and saving and holding the city of Sumner harmless from, any and all loss, damage, or injury that may result to his or their own person or property, or the person or property of another, by reason of such services, instrumentalities, or facilities. In addition, such agreement shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon a 30-day notice, posted on the premises, or by publication in the official newspaper of the city of Sumner, or without such notice, in case the permitted use shall become dangerous, or such structures shall become insecure or unsafe, or shall not be constructed, maintained, or used in accordance with the provisions of this title, the same may be revoked and the structure and obstructions ordered removed at the expense of the grantee of the permit. Every such agreement shall be retained by the department of public works and the city clerk.
(Ord. 2272 § 1 (part), 2008)