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(I) That application be made in writing to the city manager for such permit, in a form satisfactory to the city manager, to which shall be attached a plat of survey or an engineering drawing depicting the area to be occupied by the outdoor retail display area. (2) That the outdoor retail display area permit shall be revocable at the pleasure of city councilor its designee. (3) That the permit to be issued by the city manager shall provide that the permittee, for himself, his heirs, successors and assigns, shall agree to indemnify, keep and hold the city free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from such use and the maintenance, operation and removal thereof; and that in the event that any suit or proceeding shall be brought against the city, at law or in equity, either independently or jointly with such permittee on account thereof, the permittee will defend the city in any such suit or proceeding at the cost of the permittee; and in the event of a final judgment or decree being obtained against the city, either independently or jointly with the permittee, then the permittee will pay such judgment or comply with such decree and pay all costs and expenses of whatsoever nature and hold the city harmless therefrom. (4) That the retail display area shall be temporary and shall be removed daily. (5) That the retail display area shall conform to the sidewalk display standards contained with the Downtown Design Manual as approved by City Council. (6) That the issuance of the permit shall not relieve the permittee of the obligation to obtain and maintain in full force and effect any permits required by the department of public health or other applicable state or local agencies or departments. (7) That the permittee shall comply with all applicable codes, ordinances, policies and regulations of federal, state and local governments and shall obtain all necessary licenses and permits. (8) That the permit shall be issued to the applicant and shall not be transferable or assignable without written approval of the city manager. (9) That the city councilor its designee may impose such other reasonable conditions, including but not limited to a reasonable rent, as may be deemed appropriate. (10) That the application fee for each permit shall be as set forth in appendix A to this Code. Such application fee shall be nonrefundable. Sec. 40-57.1. Certificate of Appropriateness; required. After the designation of a Downtown District, no material change including construction, reconstruction, exterior alteration, demolition, or relocation that affects the appearance of such historic property, or of a contributing or noncontributing building, structure, site or object within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the Downtown Design Committee. The owner of such building, structure or property or the owner's agent, shall make an application to the designated staff of the Downtown Design Committee.