Sample Language of Firm Permit Contract

*** THIS CONTRACT IS NOT VALID UNLESS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EBRPD. DO NOT ASSUME YOUR EVENT HAS BEEN APPROVED OR START ADVERTISING DATES UNTIL YOU HAVE A SIGNED PERMIT. THE PERMIT APPLICATION IS A SIX-STEP PROCESS AND REQUIRES APPROVAL FROM THE PARK SUPERVISOR, RESERVATIONS SUPERVISOR AND AT LEAST TWO DISTRICT MANAGERS. PLEASE REFER TO YOUR SPECIAL EVENT APPLICATION OR
http://www.ebparks.org/activities/permits#event. ***

 

1. USE. Permittee is granted the permit to hold a special event according to their approved special
event application, event plan and map, which is Exhibit A of this contract.

2. FACILITIES. Permittee may utilize and/or occupy during the term, the District facility areas listed in
item ii) above and shown on the map, Exhibit A.

3. ACTIVITIES. Permittee is granted permission to hold the special event described above and in the
approved special event application.

4. CONDITIONS. As a condition of holding this event and receiving the special use permit, Permittee
shall comply with each of the following conditions. Failure to comply with the conditions of this
permit is grounds for revocation of this permit and denial of future permits.

a. All participants will follow the rules and guidelines of the above named organization for
competition and safety. Permittee will inform all participants, course monitors and other
volunteers that the trails must be shared with other park users. The public and park staff must be treated with civility and respect.
b. Permittee shall provide adequate personnel who shall be stationed around the area to safeguard participants, spectators and passers-by as indicated on the attached map, Exhibit A.
c. The course or area will be marked by Permittee with TEMPORARY markers (e.g. buoys,
pennants). All evidence of the event, including markers, will be removed by Permittee by the end of the event.
d. No signs or barriers shall be placed or used in the park without prior written permission of the Park Supervisor. No signs or other items shall be nailed or tacked to trees, vegetation or structures. Permittee shall remove all signs and barriers by the end of the event.
e. Permittee shall not allow persons who are not covered by the required insurance to participate in the event.
f. If food and/or drinks are to be sold, Permittee will ensure that the vendor has all necessary health permits from the county health department. Vendor fees shall apply as set forth in EBRPD's fees and charges schedule.
g. Permittee shall have sole responsibility for designing the course and installing all needed equipment, and shall take all necessary steps to ensure the event is properly supervised to prevent injury to participants, spectators and park users.
h. At least 14 days prior to the event, Permittee shall supply the Park Supervisor with posters and fliers to display and distribute to park users as notification of the upcoming event.
i. Permittee is solely responsible for obtaining any necessary permits from other agencies whose property will be used or impacted by this event. Copies of these permits must be provided upon request.
j. WATERCRAFT. For events at a District lake, all watercraft must be clean and dry, free of fuel leaks, and pass EBRPD's quagga mussel inspection. Participants should be notified that any watercraft failing inspection will not be allowed on water.

 

5. PERMITTEE EQUIPMENT. Permittee shall provide in safe, operable condition the following: all
equipment necessary to hold this event in the safest manner possible.

6. BE GREEN. Permittee will make every effort to reduce the amount of waste generated at the
event. Styrofoam is not allowed. Whenever possible, Permittee shall use reusable, recyclable and
biodegradable materials. Balloons are strongly discouraged. For piñatas, place a tarp on the ground
and clean-up completely. All plants and animals are protected in the parks. Removal of wildlife or
any object from parklands is prohibited. All park rules apply.

7. TERM. This Permit shall commence and terminate at the date and time shown above. Sections 8-12
& 15 shall survive termination of this Permit.

8. FEES. Special event permit fees are charged in accordance with EBRPD's fees and charges schedule.
If a picnic rental or other permit is required, those fees are separate. If sales of food, drinks or
other items are taking place in conjunction with this event, Permittee shall pay the District 10% of
gross sales from these items.

9. OTHER FEES, COSTS AND EXPENSES. If the event exceeds the scope of this permit or otherwise
fails to comply with its terms, Permittee agrees to reimburse the District and/or other responding
agencies for additional expenses and labor costs incurred to manage the event, including but not
limited to costs for police and fire service, park staff, materials, garbage removal, or equipment.

10. INSURANCE. The amount of General Liability Insurance Coverage to be provided by Permittee is
a combined single limit policy not less than $1,000,000. The policy shall be endorsed to state that
any aggregate limit on the policy shall apply exclusively to the event held under this permit, shall
name the East Bay Regional Park District, its officers, agents and employees as an additional
insured, that the insurance is primary coverage for the event, and provide 30-day prior notice to
EBRPD of cancellation. For events that will include Contra Costa County Trails property, the
policy shall also name Contra Costa County, its employees, officials and agents as additional
insureds.

11. INDEMNIFICATION. Permittee agrees to defend, indemnify, protect and hold the District
harmless from all liabilities, claims, expenses (including attorneys' fees), demands, suits or costs of
whatever nature for injuries to, or death of any person or persons, or damage, theft, loss or
destruction of property (including District property) arising out of or in any way connected with
the activities conducted by Permittee except such injury or damage caused exclusively by the sole
negligence of District. District shall have no responsibility to safeguard the equipment and property
of Permittee or any of its invitees. For events held on Contra Costa County Trails property,
Permittee agrees to save, indemnify and hold harmless the County of Contra Costa, its officers,
employees and agents from all liabilities imposed by law by reason of injury to or death of any
person(s) or damage to property, including without limitation liability for trespass, nuisance or
inverse condemnation, which may arise out of the work, events or activities covered by this permit
and does agree to defend the County, its officers, employees and agents against any claim or action
asserting such a liability.

12. ATTORNEYS' FEES. If legal action shall be brought by either of the parties in connection with this
Agreement, the party prevailing in said action shall be entitled to recover from the other party its
costs of suit and reasonable attorneys' fees which shall be fixed by the court.

13. RIGHT OF TERMINATION FOR BREACH. In the event, after warning by authorized District
personnel, Permittee fails to perform any requirement of this Permit, District shall have the right to
terminate this Permit by notice to Permittee, whereupon Permittee shall immediately terminate the
event and cause all participants to promptly remove any equipment or other personal property
owned by participant.

14. PERMITTEE PERSONNEL. In case of emergency, EBRPD will attempt to notify the Permittee.

15. Accepting this permit shall constitute acceptance and agreement to all conditions and requirements
of this permit and the ordinances and specifications authorizing issuance of such permit.
Permittee should maintain close contact with the Park Supervisor to coordinate the event and resolve
any problems which may occur. Contact the Reservations Services Supervisor for any other issues.