INSURANCE, INDEMNITY AND REVOCATION AGREEMENT BETWEEN
AND THE CITY OF DULUTH
THIS AGREEMENT (“Agreement”) is made by and between the CITY OF DULUTH, a municipal corporation under the laws
of the State of Minnesota (“the City”), and [PERMITEE] (“Permittee”), a [ENTITY TYPE] (referred to collectively
hereinafter as “the Parties”). This Agreement shall be effective as of the date of execution by Permittee’s duly
authorized agent below.
WHEREAS, Permittee requests issuance of a Commercial Operations Permit (“Permit”) from the Director of the
City’s Parks Division (“the Director”) to conduct commercial activities using City property and facilities; and
WHEREAS, pursuant to the authority granted by Duluth City Code Sec. 35-9(a)(2), as may be amended, the
Director may issue the Permit upon confirmation that Permittee has satisfied all requirements relating to the proposed
activity, including (a) maintenance of an adequate policy of insurance, naming the City as an additional insured and,
satisfying the terms and limits set forth below, and (b) execution of this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties
hereto agree as follows:
ARTICLE I – INSURANCE
1.1 Permittee shall procure and maintain continuously in force Public Liability Insurance written on an "occurrence"
basis under a Comprehensive General Liability Form in limits of not less than One Million Dollars and No/100s
($1,000,000.00) per occurrence for personal bodily injury and death, and limits of One Million Dollars and No/100s
($1,000,000.00) for premises damage liability. If person limits are specified, they shall be for not less than One Million
Dollars and No/100ths ($1,000,000.00) per person and be for the same coverages. The City shall be named as an
additional insured on the policy. Insurance shall cover:
Public liability, including premises and operations coverage;
Owned, non-owned and hired vehicles; and
Contractual liability covering the indemnity obligations set forth herein;
1.2 Requirements for All Insurance.
All insurance required shall be taken out and maintained through responsible insurance companies organized under the
laws of the states of the United States and licensed to do business in the State of Minnesota.
1.3 Representations; Certificates of Insurance.
The City does not represent or guarantee that these types or limits of coverage are adequate to protect Permittee’s
interests and liabilities. Permittee shall provide a Certificate of Insurance evidencing such coverage with 30-days’
notice of cancellation, non-renewal or material change provisions included and shall further provide that failure to give
such notice to the City will render any such change or changes in said policy or coverages ineffective as against the City.
ARTICLE II – HOLD HARMLESS AND INDEMNITY
2.1 Permittee shall defend, indemnify and hold harmless the City, its officers, agents and employees from any and
all claims, suits, demands, liability, judgments, costs, damages and expenses, including attorneys’ fees, resulting from or
arising out of the activities of Permittee or its employees, agents, volunteers, invitees or attendees associated with
Permittee’s use of City property or facilities in connection with the Permit referenced herein. Upon ten (10) days
written notice, Permittee will appear and defend all claims and lawsuits against the City growing out of any action with
respect to which Permittee is required to indemnify the City.