ITEM N0.: J-9 REQUEST CITY COUNCIL DIRECTION ON OUTDOOR DINING PERMIT AND OTHER FINANCIAL ASSISTANCE FOR BUSINESSES AS A RESULT OF THE STATE OF EMERGENCY July 28, 2020 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: KRISTINA MILLER, CITY MANAGER LISA M. LINNET, CITY CLERK SUMMARY: City Staff explored options to assist restaurants to easily transition to outdoor dining in light of the State Public Health Of?cer?s order to cease indoor dining operations on July 13, 2020. The attached two applications provide a straightforward process for restaurants to transition to outdoor operations within the public-right-of way or within parking lots or other areas of private property. The application and requirements were reviewed by the City Attorney, Collin Bogener. This year $5,000 was budgeted to support material and supply costs associated with Community Events Food Truck Tuesday). Given the fact that it is highly unlikely the City will be able to hold a Food Truck Tuesday event this year, Staff requests these funds be permitted to be used to purchase equipment (tables, chairs, awnings, shade structures, etc.) that would then be leased to restaurants at no cost for the duration of the State of Emergency. Staff is requesting an additional allocation of $5,000. for a total of $10,000 from General Fund reserves, to 001-6150-3190 to further support businesses. While I am asking for ?exibility to provide support based on the speci?c needs of the business, it will be limited to equipment that would serve a future purpose of the City. For example, tables and chairs would need to be folding in nature so they can be used at future Food Truck Tuesday events. If approved by the City Council, City Attorney Collin Bogener will draft a Standard Lease Agreement. City Planner l, Christina Meeds drafted the attached brochure of equipment that could potentially be leased to businesses. FINANCIAL IMPACT: Staff is requesting $5,000 to be allocated from General Fund reserves to 001-6150-3190 to further support businesses in the transition to outdoor operations, for a total of $10,000. BACKGROUND: Effective July 13, 2020 the Public Health Of?cer of the State of California indoor operations in the following sectors were ordered to cease operations: Dine-in restaurants \Mneries and tasting rooms Movie theaters Family entertainment centers (for example: bowling alleys, miniature golf, batting cages and arcades) Zoos and museums Cardrooms At the July 14, 2020 City Council Meeting, Council directed Staff to research means to assist businesses ?nancially impacted by the pandemic. RECOMMENDATION: MAYOR AND CITY COUNCIL: 1. APPROVE THE TEMPORARY PERMIT PROCESS FOR RESTAURANTS TO TRANSITION TO OUTDOOR DINING WITHIN THE PUBLIC RIGHT-OF-WAY OR WITHIN PRIVATE AND . WAIVE ALL TEMPORARY OUTDOOR DINING APPLICATION AND PERMIT FEES FOR THE PERIOD OF THE STATE OF . AUTHORIZE THE LEASE OF EQUIPMENT TO SUPPORT TRANSITION TO OUTDOOR . APPROVE THE TRANSFER OF $5.000 FROM GENERAL FUND RESERVES TO ACCOUNT NUMBER: 001 -61 50-31 90; AND . DIRECT STAFF TO DRAFT AND AUTHORIZE THE CITY MANAGER TO EXECUTE EQUIPMENT LEASE AGREEMENTS City of Corning TEMPORARY USE COVID-19 OUTDOOR DINING . This Temporary Use is intended to assist local Food Establishments to comply with state guidelines regarding operating under recent outdoor dining guidelines while minimizing health and safety risks to employees and customers. The temporary use allows established Food Establishments, currently licensed to operate in Corning, to expand or create outdoor dining areas on private property due to For any questions regarding the allowance for this temporary use, please contact the Planning Division at (530) 824-7036. Applications may be submitted via email to cmeeds@corning.org. There is no fee for this temporary permit for the duration of the COVID-19 emergency. Business Information Organization/Business Name - Business Owner Contact Name Phone Business Owner Mailing Address Business Owner Email Business Tax Number Property Owner Information . Shopping Center Name (if applicable) Property Owner Name Phone Property Owner Mailing Address As the authorized agent of the Property Owner of said Shopping Center, I authorize applicant to utilize the space identified in this application for use as temporary outdoor dining. Property Owner Date Restaurant Information Shopping Center Name (if applicable) Seating Capacity: Indoor Outdoor Parking Spaces Temporary Seating Capacity: Indoor Outdoor Parking Spaces Use Permit: No Yes If yes. resolution number: Alcohol Served: No Yes Will alcohol be served in a new or modi?ed outdoor seating area? (YIN) Purpose of the COVID-19 Temporary Outdoor Dining Allows for restaurants to temporarily convert common areas and parking spaces to outdoor dining when located on private property. Tables, chairs, umbrellas, movable barricades and other minor appurtenances may be placed in these areas as allowed and restricted per the standards outlined below. Unenclosed tents (open on four sides) may be utilized for outdoor dining areas as allowed and restricted per the standards outlined below. Who is Eligible? Restaurants operating at a reduced indoor capacity, with a valid City of Corning business license and all other required licensing. Procedure 1. Submit this completed form, including property owner authorization and Business Owner signature. 2. Submit a site plan showing the parcel boundary lines, limits of the outdoor dining area, as well as the number and location of tables. This will be reviewed to ensure Fire Department access is not impeded, tables do not conflict with traffic patterns, adequate parking remains available to customers, and ADA compliance. a. Plan MUST show: dimensions of the proposed outdoor dining area, number and size of tables, number of seats per table, spacing between tables, lighting (where applicable), and any other proposed changes. The plan shall indicate the location and number of all usable off-street parking areas under the proposed configuration. If the plan proposal includes a tent, the tent can only be used as a type of roof covering without sides. Dimensions of the tent(s) MUST be provided. Plan may be hand-drawn on an aerial photo printed from Google Maps or similarservice. The business owner is responsible for implementing all industry guidance for re?opening from the California Department of Public Health and Tehama County Public Health Department. 3. Submit general liability insurance of $1 million per occurrence and $2 million in the aggregate with additional insured endorsements CG 20 12* or CG 20 26. Must provide certificate of insurance listing the City of Corning as a named insured and include policy declarations, coverage part, and schedule of forms (endorsement/exclusions list). 4. Where proposed outdoor dining DOES NOT include vehicular use areas, City staff will verify that all required information has been provided and will send a reply email to the business owner stating that the restaurant has been authorized for the temporary outdoor seating arrangement. The email shall list any conditions of approval necessary to meet code requirements or to restore the temporary seating area to its previous state. Upon receipt ofthat email, the temporary outdoor seating may begin operation. City staff will subsequently visit the establishment to assist the restaurant owner or restaurant manager in assuring compliance with all applicable requirements. 5. Where the proposed outdoor seating DOES include vehicular use areas, City staff will verify that all required information has been provided and will route the proposal for review by the Public Works Department and Fire Marshal. Should the review result in approval, City staff will send a reply email to the business owner stating that the restaurant has been approved for the new/additional outdoor seating. This initial approval email shall include any conditions of approval (if applicable), and provide notification that the operator must call to schedule an inspection 6. once the temporary seating arrangement has been set up. The restaurant owner or restaurant manager must be present in order to immediately address any compliance issues. Following a passing inspection, City staff shall send a final email stating that the new/additional outdoor seating is approved to begin operation. Any additional conditions or requirements will be included in the final application approval. Standards for Temporary Use - Outdoor Dining 1. 10. 11. 12. 13. 14. 15. 16. 17. Executive Orders of the City of Corning or County of Tehama, City of Coming Regulations, Tehama County Regulations, and the California Department of Health Regulations. The temporary use shall comply with all applicable Fire Department regulations. Operations authorized are limited solely to temporary outdoor dining on private property. Additional activities or operations other than patron dining are not allowed. No parties or Special events. Under no circumstances shall the total seating capacity of an establishment be increased as a result ofthis authorization. The intent is to mitigate the amount ofthe reduced indoor seating capacity by allowing additional outdoor seating capacity. Open sided tents may be installed over approved outdoor dining areas for protection from the elements, consistent with applicable building and fire codes. All temporary shade protection structures may be subject to removal at the direction of the Building Division in the event of extreme weather). No streets, fire lanes, driveways, access easements, or other shared means for traffic circulation shall be impeded or blocked. A maximum of fifty percent of the number of normally required parking spaces may be occupied or otherwise rendered unusable bythe placement oftemporary seating and other features associated with the temporary use. Such maximum may be increased or decreased at the discretion ofthe City's Public Works Director based on unique site conditions. Outdoor dining areas shall be separated from parking and vehicular use areas by temporary physical barriers planters, dividers, chain with stanchion post, etc.). All sidewalks or other pedestrian paths must maintain a minimum five-foot width. A three-foot width shall be permitted where passing areas of at least a five-foot width are located at least every 200 feet A minimum of sixfeet of distance must be maintained between table groups. Each table group shall be limited to parties of no more than ten (10) individuals. New/additional outdoor seating shall not block any established exits from any building. Seating areas shall not encroach into any required landscaped areas or buffers. Umbrellas, firelanes, hydrants, or ADA parking spaces. ADA parking spaces shall not be used for outdoor dining purposes. All existing ADA access and parking shall be maintained. To ensure that all dining establishments are afforded an equitable opportunity to establish temporary outdoor seating arrangements, no business owner shall be authorized to have outdoor dining on sidewalk space in front of another dining establishment. Outdoor dining areas provided within parking lots shared with another dining establishment shall be limited to the width of the associated tenant suite as determined feasible bythe Community Development Director. Temporary outdoor dining shall be allowed within the same hours of operation of the establishment. 18. Any alcohol sales or consumption shall comply with_ State and local regulations. 19. Permanent plumbing, electrical, and lighting fixtures shall not be installed pursuant to this authorization.All such temporary improvements shall be properly permitted, as applicable, and removed once social distancing guidelines by the California Department of Public Health are lifted. 20. Any direction by the Fire Marshal to modify or discontinue the temporary use due to safety concerns shall be heeded immediately. 21. All outdoor dining areas must be maintained and kept clean of litter. 22. The temporary outdoor dining authorization may be revoked if compliance with thestandards listed above is not maintained. 23. The City reserves the right to require the removal of temporary outdoor dining should it, in the opinion of the City, pose a hazard to the health, safety, and/or welfare of the public. 24. Upon expiration of State order restricting indoor seating capacity, the temporary outdoor dining use shall cease within five days from the date of the order expiration. Following this cessation, the area used for temporary outdoor dining shall be returned to its previous state. If a business should desire to continue outdoor dining, they shall apply for a permanent outdoor dining permit with the City of Coming. Conditions of Use: 25. Incorporation of Standards for Temporary Use (Outdoor Dining). The standards for operation of a temporary outdoor dining use and any additional conditions to ensure adherence to same are incorporated herein by this reference. Business Owner expressly agrees to abide by each and every one of these standards and conditions. 26. Indemnification. To the fullest extent permitted by law, during the operative period of this 27. Temporary Use, Business shall defend (with counsel of City's choosing), indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Business, its officials, officers, employees, sublessees, consultants or agents in connection with Business's activity under this Temporary Use including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Business shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Business's responsibility for such defense and indemnity obligations shall survive the of this Temporary Use for the full period of time allowed by law. The defense and indemnification obligations are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Temporary Use or as determined by the City's Risk Manager. Business's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City, its directors, officials, officers, employees, agents, or volunteers. 28. Removal or Relocation of Improvements. Pursuant to the conditions of operation, no fixed improvements are permitted. City reserves the right to order the removal or relocation of any fixed improvements at Business Owner's cost. Business Owner hereby grants to City the right to remove or relocate any such fixed improvements and to come upon Business Owner's premises to effect said removal or relocation if deemed necessary by City. Business Owner waives any claim or right it may have for inverse condemnation, damages, or loss of income or business resulting from said removal. Upon removal or relocation of said improvements, all rights of Business Owner under this agreement shall terminate. a. Duty to Comply with the Law. Business Owner shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including, but not limited to, laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act (ADA), California Alcohol Beverage Control (ABC) regulations and orders relating to the service of alcohol, and County health laws regarding provision of food services. . Insurance. Business Owner shall procure and maintain for the duration of this Temporary Use for Covid-19 (Outdoor Dining) insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Temporary Use for Covid-19 (Outdoor Dining). The cost of such insurance shall be borne by Business Owner. No laterthan 7 days afterthe requested start date of outdoor activities, Business Owner shall provide the City with proof of insurance, satisfactory to the City?s Risk Manager, adding the City of Chico as an additional insured on Business Owner's insurance policies. Questions about coverage requirements may be made to cmeeds@corning.org Alcohol Sales or Service. If Business Owner proposes to sell or serve alcohol as a part of its outdoor activities, Business Owner shall furnish, along with this Temporary Use for Covid? 19 (Outdoor Dining), proof of a liquor liability coverage endorsement or policy. Business Owner shall obtain authorization by ABC for outdoor alcohol service prior to operation and provide documentation of such upon request. . Violation of Agreement. Any violation of this Temporary Use for Covid-19 (Outdoor Dining)or any other local, State, or Federal law shall constitute an imminent threatto the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Temporary Use for Covid-19 (Outdoor Dining)or the provisions of the Or.der may result in the immediate termination of this Temporary Use for Covid-19 (Outdoor Dining)and the cessation of any activities authorized by this Temporary Use for Covid-19 (Outdoor Dining)or the Order. The City shall not be responsible for any liability or damages associated with issuance or revocation of a Waiver, or with the immediate suspension of outdoor Business Establishment activities as provided for under this Order, and the Business Establishment, affiliates, successors, and assigns, in accepting aWaiver agree to release, hold harmless, and defend the City from any such liability. . No Vested or Ongoing Rights Conferred. Business Owner understands and agrees that this Temporary Use for Covid-19 (Outdoor Dining)and the Order confer no vested rights to any ongoing or continued activities, and any and all activities authorized by this Temporary Use for Covid-19 (Outdoor Dining)and the Order are temporary in nature and granted solely to enable businesses to operate in compliance with State, County, and local orders regarding social distancing and Non-Transferable. This Temporary Use for Covid-19 (Outdoor Dining) is non- transferable. Only the BusinessOwner with whom this Temporary Use for Covid-19 (Outdoor Dining) was entered shall be permitted to engage in the activities authorized herein. . Independent Contractor. It is understood and agreed that Business Owner, in the performance of this Temporary Use for Covid-19 (Outdoor Dining), will be acting in a wholly independent capacity and not as agent, employee, partner, orjoint venturer ofCity. . Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force and effect excepting a subsequent modi?cation in writing, signed by the party to be charged and duly recorded. THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS ABOVE, THE ORDER, AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS. Business Owner Date Property Owner Date AUTHORIZED: APPROVED AS TO FORM: City of Corning, Planning Department Date City of Corning Public Works Department Date Final Approved Application will include: 0 Completed Temporary Use Outdoor Dining application signed by all parties listed above. 0 Attachment Additional Conditions Required by theCity Attachment Complete Insurance Documentation including Additional Insured Endorsement APPLICATION FOR PERMIT TO USE THE PUBLIC RIGHT-OF-WAY FOR OPERATION OF OUTDOOR CAFE (TEMPORARY IMPROVEMENTS) The following requirements must be met prior to issuance of permit: 9 Original Application. Please complete sections I, II, and IV. 0 The initial fee for an Outdoor Cafe permit for Temporary Improvements is waived. Signed conditions of approval. 0 A commercial general liability insurance policy must be obtained. 0 A City of Coming Business License is required. If the business does not already have a business license, one must be obtained from the City's Finance Office, 1108 Solano St. 530-824-7020. 0 A site plan drawn to scale that includes table placement and a photograph of the front of the applicant?s restaurant depicting the area within the public right-of-way proposed to be used for the outdoor cafe. Provide sufficient pages/sheets to clearly show this area. 0 An indemnification agreement in a form approved by the City Attorney (see attached). Additional conditions of approval determined by the director to be applicable may also apply. If you have any questions, please feel free to contact the City Public Works Department at 824-7029 or by emailing angela@corning.org CITY OF CORNING APPLICATION FOR A LICENSE TO CONDUCT A PUBLIC RIGHT OF WAY CAFE Date application filed: INSTRUCTIONS: Prepare one copy of this form, printing or typing accurately and completing the information requested in SECTIONS I, II, and only. If this form is filled out by an individual for an organization, documentation of the authority under which the applicant is applying must be provided. Attach additional sheets as necessary to fully complete this form. Please refer specifically to the section number for which you are providing supplemental information. Sign and date in the space provided at the end of Section IV. Application should then be submitted for processing to the office of Planning, City hall 794 Third Corning, California. If license is approved, you will be requested to sign and date Section IV - Acceptance of License. SECTION I. APPLICANT INFORMATION: NAME: NAME OF BUSINESS: PROJECT ADDRESS OR LOCATION: Mailing Address: Telephone: Business: Home( SECTION II. ADDITIONAL INFORMATION REQUIRED FOR PUBLIC RIGHT OF WAY CAFES: APPLICANTS STATEMENT OF INTENT: Please describe what you propose to do. (Include days of the week and times of day) SECTION CERTIFICATION OF APPLICANT: 1. Read each of the statements below. After you have read the statements and understand them, please sign and date in the space provided at the end of this section. a. I certify that I have read this application thoroughly, followed any and all instructions, understand its contents and supplied true and correct information herein to the best of my knowledge and belief. b. I understand that falsification or misrepresentation on my part of any of the information that I have supplied above constitutes sufficient grounds for denial of this application, or for revocation of any license which may be hereafter granted, should any of my responses be determined to be false andlor misleading. c. I certify that I will comply with all pertinent provisions of the Coming Municipal Code, and all other applicable laws, rules and regulations. d. I understand that any license which may be granted will be subject to revocation by the City, after due notice to the parties concerned, in the event of any breach by me of any of the conditions under which it was granted. e. For liability coverage purposes, it is my intent and the City of Corning?s intent (hereinafter referred to as the "Parties"), that this permit is a written contract between the Parties. Pursuant to the insurance policy related to this permit/written contract, and consistent with the Certificate of Liability Insurance and Additional Insured Endorsements, the Parties hereby attach and incorporate by this reference, the Certificate of Liability Insurance and Additional Insured Endorsements, which are further expressly made a material part of the said permit/written contract between the Parties. Signature of Applicant: Date: SECTION IV. ACCEPTANCE OF LICENSE: This section is to be completed by applicant after granting of license per SECTIONS and VI below. When applicant has completed this section, he or she will receive a copy of the form and the remaining copies will be distributed as shown below. certify that I accept this license and agree to comply with any and all conditions, including the 'Conditions of Approval' (Exhibit A, attached), which may be a part of the license, and to comply with all applicable provisions of the Corning Municipal Code, as well as the requirements of any other pertinent provisions which may be set forth within the laws of the County of Tehama andfor the State of California." Signature of Applicant: Date: SECTION V. REVIEW AND RECOMMENDATIONS: 1. Recommendations by Police Department: 2. Recommendations by Fire Department: 3. Recommendations by Public Works Department-Operations 8: Maintenance: 4. Recommendations by Community Development Department-Code Enforcement: 5. Recommendations by Community Development Department-Planning: SECTION VI. APPLICATION Determination by Public Works Director: Approved Approved with modifications Denied Modifications/Special Conditions: This license expires one year from the date of issuance. Date of Issue: SECTION VII. REVOCATION The penalty for failure to comply with any of the provisions or conditions of approval will result in revocation of the license. Appeal of Determination to City Manager: 1. Where the applicant is not satisfied with the action of the City, either due to denial, revocation, or unacceptable conditions, the applicant shall have the right to appeal said action. 2. The appeal must be commenced within 15 days from the postmarked date on which written notice of denial or revocation was received by the City. CITY OF CORNING CONDITIONS OF APPROVAL - PUBLIC RIGHT OF OUTDOOR CAFE (TEMPORARY IMPROVEMENTS) 10. 11. 12. This license is valid for the period of the State of Emergency from date of issue. The City retains the right to revoke the permit if the applicant fails to comply with the conditions of the permit. The hours of operation of outdoor cafes shall be limited to the hours of 6:00 am. and 11:00 pm. of the same day. Outdoor cafes shall not obstruct sidewalk pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards. None of the furniture or other improvements shall block any exit - 36" minimum width to be maintained at all times. A ?ve-foot minimum paved clear and unobstructed dimension for pedestrian use shall be required that complies with the Americans with Disabilities Act and all requirements for disabled access. Outdoor cafes shall be used only as seating areas. Storage, kitchen, or restroom uses are not allowed. Signs not in conformance with the sign ordinance are prohibited. Lighting shall not be affixed to any vehicle, tree, or other city property. No smoking shall be permitted. Any alcohol sales or consumption shall comply with_ State and local regulations. If Business Owner proposes to sell or serve alcohol as a part of its outdoor activities, Business Owner shall furnish, along with this Application, proof of a liquor liability coverage endorsement or policy. Business Owner shall obtain authorization by ABC for outdoor alcohol service prior to operation and provide documentation of such upon request. Noise produced by any audio equipment or other device used to attract attention to the place where the food or beverage is being sold shall not exceed the noise limits prescribed by state of California of City of Coming laws and regulations. Live amplified music shall not be allowed. Except as permitted by the director, equipment used in the operation of an outdoor cafe in the public right-of?way shall be removed from the public right-of-way when the operation is not in use. 13. 14. 15. 16. 17. 18. 19. 20. Equipment used and improvements built for the operation of an outdoor cafe in the public right-of-way shall be maintained and operated in a safe and sanitary manner and in a manner which does not unreasonably obstruct or interfere with the use of a city public right-of-way. Drainage facilities shall remain clear and operational at all times at the sole expense of licensee and all other public facilities and public utilities shall remain free and clear of all obstacles and obstructions. The sidewalk area within 100 feet of the restaurant and outdoor cafe shall be monitored for trash that may be produced by the operation of an outdoor cafe and the licensee at licensee's sole expense shall be responsible for keeping this area clean. License holder to periodically (once every three months) power wash sidewalk/hardscape in the sidewalk cafe area. Prior to washing, license holder shall sweep and collect debris in area to prevent garbage from going into storm drain. License holder to maintain bricks and sidewalk flat without trip hazards. Appropriate receptacles for trash shall be present in outdoor cafes located in the public right-of?way during all hours of operation and shall be removed from the public right-of-way when the operation is not in use. Receptacles are to be of a type approved by the director. Trash receptacles shall be durable, water tight, non-leaking, flame/fire resistant container(s) of appropriate size and/or quantity that is suitable for the volume of refuse generated by the permittee to eliminate accumulation of waste outside of the container. Receptacles shall be emptied regularly, and maintained in a clean and orderly fashion free of noxious orders. The applicant shall contact Code Enforcement (824-7036) for a final inspection of the sidewalk cafe area to insure compliance with conditions of approval prior to operation of the sidewalk cafe. The licensee shall agree, through the execution of an agreement in a form approved by the City Attorney, to hold the city and its elected officials, officers, employees, and agents harmless from any and all liability arising from operation of the outdoor cafe. Licensee shall provide the City with proof that insurance has been obtained. Insurance coverage shall conform to the following: a. Commercial general liability insurance from one or more US. domiciled insurance companies licensed to do business in the State of California with an AM. Best Company rating of or better, or in the alternative, an unlicensed U.S. domiciled company or companies with a rating of which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $1,000,000 for each occurrence, and $2,000,000 in the aggregate, with a maximum policy deductible of $5,000. An Occurrence policy is required. b. Separate policy endorsements attached to the certificate shall also provide that: 3. The City of Corning, its officers, boards and commissions, and members thereof, its employees and agents are covered as additional insureds as respects to any liability arising out of the activities of the named insured. The insurance coverage afforded by this policy shall be primary insurance as respects to the City of Coming, its officers, officials and employees. Any insurance or self- insurance maintained by the City of Coming, its officers, officials or employees shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to it. The insurer will provide to the City at least thirty (30) days prior notice of cancellation or material change in coverage. c. Said insurance coverage shall be executed by an authorized official of the insurer(s). Licenses shall not be transferable in any manner. Application/Renewal Fee Insurance Certificate Copy of current business license or business license number Site Plan Photograph(s) of the area requested for use as Cafe Indemnification Agreement No smoking requirement I have read, understand and will comply with all conditions set forth herein. Signature of Licensee Date INDEMNIFICATION AGREEMENT REGARDING LICENSE AUTHORIZING OUTDOOR CAFE IN THE PUBLIC RIGHT-OF-WAY THIS INDEMNIFICATION AGREEMENT (Agreement) is made on 2020, by a(n) (Licensee) in regard to the license issued by the City of Coming (City) to Licensee, which authorizes Licensee to operate at an outdoor cafe at the following location: IN CONSIDERATION OF the issuance of such license, Licensee, by these presents, hereby agrees to hold the City, its boards and commissions and members thereof, its officers, employees and agents, harmless and free from any and all liability, damage or loss arising out of the operation of the Licensee's outdoor cafe where such liability, damage or loss is proximately caused by the negligent or intentional act or omission of Licensee, any officer, employee, customer, or agent of Licensee, or any person who is under Licensee's legal control. Should City or any of its boards or commissions or members thereof, its officers, employees or agents, be named in any suit, or should any claim be made against any of them by suit or otherwise, whether the same be groundless or not, arising out of or relating to any such negligent or intentional act or omission of Licensee, any officer, employee or agent of Licensee, or any person who is under Licensee's legal control, then Licensee shall defend the City, its boards and commissions or members thereof, its officers, employees and agents, and shall indemnify them from any judgment rendered against them, or for any sums paid out in settlement or otherwise, including but not limited to any litigation costs and attorney fees whether incurred by or awarded against any of them. IN WITNESS WHEREOF, Licensee has executed this Agreement in the City of Coming, County of Tehama, State of California, on the date set forth above. Licensee Date APPROVED AS TO FORM: Collin Bogener, City Attorney Date CITY OF CORNING - Insurance Requirements Insurance Submission The Certificate of Insurance, required endorsements, waivers, and declarations should be sent directly to the City of Corning's Risk Management Office. The City of Corning's preferred method for certificate submission is email. Emailed certificates should be included with the Application. Certificates that have been emailed should not also be sent in hard copy to the City. Minimum Requirements for all Agreements 8: Permits I: Certificate of Insurance Listing the City as Named Insured: The City of Corning, its officers, boards and commissions, and members thereof, its employees and agents Policy Type: An Occurrence policy is required Additional Insured Endorsement: forms must be at least as broad as the specified ISO form listed in the requirements. Primary 8: Non-Contributory Endorsement: Primary and non-contributory language must be endorsed or included in the policy form. Notice of Cancelation: Thirty (30) day prior notice of cancellation or material change in coverage. Ten (10) day notice for non-payment of premium is acceptable. - . CORNING OUTDOOR DINING 5 10 20' E2 Pop up Tent ll Steel powder coated legs 210 Oxford fabric cover A rT 0 15' Pop up Canopy Powder ?ll coated steel frame with waterproof 210D Oxford fabric cover Canopy i AM one side wall and 4 weight ba 5 may 9 6' metal folding picnic table featuring a powder coated all weather finish. umbrella ready 28" Commercial grade folding table and chairs Available for rent 6' Heavy duty folding plastic table. NOT umbrella ready 9' Patio Umbrella tilt and crank 10' Solar lighted Umbrella tilt and crank Triangle Sun Shade. many sizes available made of High Density Polyethylene Businesses must supply their own posts Setting up and taking down daily will be the ruponsibilitg ofthe 3 If? i b05508? 79'+ Third St