Section 17.40.130 Insurance required.

Each permit holder in Section 17.40.120 shall obtain and keep in force during the period of the permit, comprehensive general liability insurance in a company qualified to do business in the state of Iowa. The insurance shall provide coverage to protect against any claims for personal injury, including accidental death, and claims for property damage which may arise as a result of the tree(s), shrub(s), or flower(s) being placed in the parkway area in areas zoned commercial or industrial. The minimum policy limits of such insurance shall be as follows:

Permit holders shall furnish the city with proper certificates executed by representatives of the insurance company or companies evidencing that the insurance provided has been issued effective for the period of the permit. The insurance carrier(s) shall be required to certify to the city that written notice shall be given to the city at least ten days prior to cancellation of any coverage set forth in said certificates. The permit holder shall execute an agreement to indemnify and save harmless the city, its officers, employees and agents from and against all loss or expense, including costs of attorney's fees, by reason of liability imposed by law upon the city, its officers, employees or agents, for damages because of bodily injury, including death at any time resulting therefrom sustained by any person or persons on account of damage to property, including loss of use, arising out of or in consequence of the planting or placing of trees, shrubs, and flowers in the parkway of areas zoned commercial or industrial whether such injuries to persons or damage to property is due or claimed to be due to the negligence of the permit holder, his employees, and the city, or its officers, except only such injury or damage as shall have been occasioned by the sole negligence of the city, its officers, employees or agents. (Ord. 86/T-5005).