Park Use Agreement

PARK USE AGREEMENT

This Park Use Agreement (the Agreement) is entered into between the parties identified below on the Effective Date. The parties agree as follows:

Parties

Recitals

WHEREAS, the Park Authority manages certain parklands and related facilities for public use and has authority to grant temporary use permits for organized activities; and

WHEREAS, the Permit Holder desires to use designated park area(s) for the Permitted Activity described herein and represents that the activity will comply with the terms and conditions of this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations in writing.

Permitted Area, Event, and Dates

Park Area/Location:

Permitted Activity:

Event Start Date:    Event End Date:    Expected Attendance:

Scope of Work / Services

Payment Terms

Late Payment Fee: . All amounts payable under this Agreement are in lawful currency and are due as set forth above. Failure to timely pay shall entitle the Park Authority to suspend permit privileges and pursue remedies permitted by law.

Term and Termination

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for material breach by the other party upon written notice and a cure period of days, provided that the non-breaching party specifies the nature of the breach and the steps required to cure. Park Authority reserves the right to terminate immediately for threats to public safety or violation of law.

Insurance, Indemnity, and Liability

Insurance Required: The Permit Holder shall, at its sole cost and expense, procure and maintain commercial general liability insurance with limits no less than per occurrence and shall name the Park Authority as an additional insured where required. Proof of insurance must be submitted to the Park Authority prior to the Effective Date.

Indemnification: The Permit Holder agrees to indemnify, defend and hold harmless the Park Authority, its officers, employees and agents from and against all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from Permit Holder's use of the park, except to the extent caused by the gross negligence or willful misconduct of the Park Authority.

Permits, Compliance, and Use Restrictions

Compliance: Permit Holder shall comply with all applicable laws, park rules, ordinances, and reasonable directives of Park Authority personnel. Permit Holder shall obtain any additional permits required for amplified sound, food service, temporary structures or sale of goods, and shall provide copies of such permits upon request.

Prohibited Conduct: The Permit Holder shall not permit illegal activity, unpermitted vehicular access, or open fires, and shall comply with restrictions on alcohol and animals unless expressly authorized in writing by the Park Authority.

Cleanup, Restoration, and Deposit Return

Cleanup: Permit Holder shall leave the permitted area broom-clean and shall remove all fixtures, structures, decorations, waste and personal property by the end of the permitted term. Failure to restore the premises shall entitle the Park Authority to retain the damage deposit and to charge reasonable restoration costs in excess of the deposit.

Return of Deposit: Deposit will be returned or accounting sent within a reasonable time after the event, subject to deductions for damage, cleaning or costs incurred by the Park Authority in connection with Permit Holder's use.

Confidentiality

Confidential Information: To the extent either party discloses non-public business information marked or identified as confidential, the receiving party shall hold such information in confidence, use it only for performance under this Agreement, and not disclose it except to its agents who have a need to know and are bound to confidentiality. Confidentiality obligations do not apply to information that is or becomes publicly known through no fault of the receiving party or is required to be disclosed by law.

Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the park is located, without regard to conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in that state for resolution of disputes arising under this Agreement.

Entire Agreement

Entire Agreement: This Agreement, including any exhibits, approved permits and insurance certificates expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior or contemporaneous understandings, representations, negotiations and agreements, whether written or oral. Any amendments must be in writing and signed by authorized representatives of both parties.

Additional Provisions

Acknowledgment

The Permit Holder affirms that all information submitted in connection with this application is true and correct, and that the Permit Holder has authority to enter into this Agreement. The Permit Holder understands that making false statements may result in permit denial or revocation and potential civil or criminal penalties.

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