Sample Language of Firm Permit Contract

1. USE. Permittee is granted the permit to hold a special event according to their approved special event application, event plan and map

2. FACILITIES. For such purpose Permittee may utilize and/or occupy during the term, the following District facilities: the areas listed in event application, event plan and map.

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

4. CONDITIONS. As a condition to holding this event and receiving the special use permit, Permittee shall comply with each of the following conditions:

     a. All participants will follow the rules and guidelines of the the above named organization for competition and safety. Permittee will inform all participants, course monitors and other volunteers that the trails are not closed to other park users and must be shared. The public and park staff must be treated with civility and respect. Failure to do so is grounds for revocation of this and future permits.
     b. Permittee shall provide adequate personnel who shall be stationed around the area to safeguard participants, spectators and passers-by as indicated on the map.
     c.The course or area will be marked by Permittee with TEMPORARY markers, i.e. buoys, pennants, and all evidence of the event, including markers, will be removed by Permittee at the end of the event.
     d. No signs or barriers shall be placed or used in the park without prior written authorization of the Park Supervisor. No signs or other items shall be nailed or tacked to trees or other vegetation or structures. Permittee shall remove all signs and barriers at the conclusion of the term.
     e. Permittee shall prevent participation in the event by persons who are not covered by the insurance required hereunder.
     f. If food and/or drinks are sold at this event the Permittee will ensure that the vendor has all necessary health permits from the county health department. Vendor fees apply as outlined in the current EBRPD fee and charges schedule. NO STYROFOAM CUPS are to be used by Permittee.
     g. Permittee shall have total responsibility for designing the course layout and installing all necessary equipment, and shall take all necessary steps to ensure that the event is properly supervised to prevent injury to participants, spectators and park users.
     h. Permittee shall supply the Park Supervisor with posters and fliers to display in the park and distribute to park users to inform them of the upcoming event a minimum of 14 days prior to the event.
     i. Permittee is solely responsible for obtaining any necessary permits from other agencies whose property will be used or impacted by this event.
     j. QUAGGA MUSSEL AND FUEL LEAKS. If Permitee conducts event at District lakes, any boats must be clean and dry, free of fuel leaks, and pass the Park District's standard Quagga inspection prior to training in order to protect water quality.
     k. Permittee will make every effort to reduce the amount of waste generated and the event and to use recycled materials and recycling whenever possible.

5. PERMITTEE EQUIPMENT. For such purpose, Permittee shall provide in safe, operable conditions, the following: all equipment that is necessary to hold this event in the safest manner possible.

6. TERM. The term of this Agreement shall commence and terminate at the date and time shown above.

7. FEES. Special event permit fees are charged in accordance with the current EBRPD fees and charges schedule. If a picnic rental or other permits are required, those fees are seperate. If sales of food, drinks, shirts or other items are taking place in conjunction with this event, permittee will pay the District 10% of gross sales from these items.

8. 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 all expenses and labor costs required in the judgment of the District to manage the event. This includes but is not limited to the staff costs for Police and Fire Department and park operations staff as well as any costs for materials, garbage removal, or equipment rental.

9. INSURANCE. The amount of General Liability Insurance Coverage to be provided by Permittee is $1,000,000 per occurrence. If there is an aggregate limit on the policy, it shall not be 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, it's officers, agents and employees as an additional insured, and shall be the primary coverage for this event.

10. INDEMNIFICATION. Permittee agrees to defend, indemnify, protect and hold the District harmless from all liabilities, claims, expenses (including attorney's 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 arising out of or in any way connected with the activities conducted by Permittee (including District's property), except such injury or damage caused by the sole negligence of District. District shall have no responsibility to safeguard the equipment and property of Permittee or any of its invitees.

11. ATTORNEY'S 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 party not prevailing its costs of suit and reasonable attorney's fees which shall be fixed by the court.

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

13. PERMITTEE PERSONNEL. In case of emergency, an attempt will be made to contact the above mentioned Contact

These Guidelines are subject to change.

Permittee is urged to maintain close liaison with the Park Supervisor to handle actual coordination of the event and to resolve any problems which may occur during the event, and Reservations Services Supervisor, Tiffany Margulici, who can be reached at tmargulici@ebparks.org or (510) 544-2540 for any other problems.

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Sample Language of Firm Permit Contract