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Attachment 3 COURTESY BENCHES § 125.30 DEFINITIONS. COURTESYBENCH. A bench for the convenience and comfort of persons waiting for buses placed and maintained near public rights -of -way. (Ord. 2021-1263, passed 5-10-21) § 125.31 LICENSE REQUIRED. Any person placing or maintaining any courtesy bench on any public sidewalk or any public right-of-way along a street or thoroughfare, or any private property, for public use within the city shall first apply for and obtain a license from the City Manager or designee for such courtesy bench. Courtesy benches must conform to the provisions provided in this section. (A) Application. An application for a license must be made on a form provided by the city. The application must contain all information deemed necessary pursuant to this chapter. If the city determines that an application is incomplete, they will return the application to the applicant with notice of the information necessary to make the application complete. (B) Issuance. All new licenses must be approved by the City Council. (C) Term. A license term shall be for two years and the City Council shall set the license fee as part of the annual fee schedule. (D) Transfers. All licenses issued under this chapter are valid only for the person or business to whom the license was issued. (E) Renewals. The renewal of a license may be approved by the City Manager or designated official provided that the licensee meets all of the requirements for renewal. If the renewal of a license is denied by the City Manager or designated official, the licensee has the right to appeal that decision to the City Council. The issuance of a license under this chapter is considered a privilege and not an absolute right of the applicant and does not entitle the holder to an automatic renewal of the license. (Ord. 2021-1263, passed 5-10-21) § 125.32 REQUIREMENTS. (A) The courtesy bench license applicant shall submit a current list of the requested locations of the courtesy bench to be licensed with the initial license application. A single license shall be issued to the applicant for multiple courtesy bench locations. (B) A maximum of 100 courtesy bench locations shall be allowed within the city. (C) The courtesy bench licensee must receive approval from the city before any courtesy bench location may be changed. The request for a location change must be made in writing and include a license fee that shall be set by the city at a schedule that is listed in the Appendix to this code. (D) For any courtesy bench to be located partially or fully on private property for public use, the courtesy bench license applicant must submit with the application the signed approval from the property owner or a copy of the signed agreement between the applicant and the property owner for the location and public use of the courtesy bench. Courtesy benches on private property must follow the site requirements listed in § 125.35. (Ord. 2021-1263, passed 5-10-21) § 125.33 HOLD HARMLESS AND INDEMNITY AGREEMENT. The courtesy bench license applicant must enter into a hold harmless and indemnity agreement with the city, in a form acceptable to the city, in which the applicant agrees to hold harmless and indemnify the city from any claims, losses, judgments, damages or costs incurred, including attorney's fees, resulting from the issuance of the courtesy bench license, or arising out or in connection with the licensee's location of the courtesy bench on city property. (Ord. 2021-1263, passed 5-10-21) § 125.34 INSURANCE. (A) The courtesy bench license applicant must maintain comprehensive general liability insurance in an amount not less than a minimum set by the city and at such insurance rates listed in the fee schedule in the Appendix to this code, including liability for personal injury, death and property damage, for all courtesy bench locations during the term of the courtesy bench license. (B) The applicant must submit a certificate of insurance that includes the city as an additional insured and provides that the city must be given 30 days' advance written notice of the cancellation or substantial modification of any insurance described in the certificate of insurance. (Ord. 2021-1263, passed 5-10-21) § 125.35 LOCATION, CONSTRUCTION AND MAINTENANCE. Page 76 of 89