[Adopted 12-14-1981]
Major users of facilities of the City of Batavia
shall obtain, at said major user's own expense, general liability
insurance in form, content and amount satisfactory to the City of
Batavia, for protection against claims of personal injuries, including
death or damage to property arising out of the use of any City facility.
Said insurance shall be issued by a reputable insurance company, authorized
to do business in the State of New York, and said policy shall also
name the City of Batavia as an additional insured. The policy shall
provide that in the event of cancellation or modification the insurer
shall provide the City with at least 10 days' written notice of such
cancellation or modification. In no event shall such liability insurance
exclude from coverage any municipal operations or municipal property.
Major users hereby agree to indemnify and save
harmless the City of Batavia against any and all liability, loss,
damage, suit, charge, attorney's fees, judgment, expenses of whatever
kind or nature which the City may directly or indirectly incur or
be required to pay by reason or in consequence of the wrongful or
negligent act or omission of the major users, its agents employees
or contractors. If a claim or action is made or brought against the
City for which the major users may be responsible hereunder in whole
or in part, then said major users shall be notified and shall handle
and assume the defense of such matter.
As used in this article, the following terms
shall have the meanings indicated:
A facility of the City of Batavia shall mean any municipally
owned and/or occupied real property, including but not limited to
any parks or athletic fields, the City of Batavia Ice Arena, Senior
Citizen Center, Youth Center, City pools, Dwyer Stadium and any streets,
parking lots, public areas or buildings.
Any person, group, organization, tenant, association, club
or corporation which shall use, lease or occupy any facility of the
City of Batavia for any event, occasion or happening pursuant to a
written lease, agreement or resolution granting to said major users
exclusive use of said facility, or part thereof, for a definite period
of time.
