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PARK USE POLICY AND APPLICATION It is the purpose of this policy to encourage events in parks that promote the wellbeing of the public. To qualify for a Park Event Permit, the major purpose of the event must be oriented to include the public. Vendor retail, concessions, and fund raising may be part of the event activities but shall not be the primary or only reason for the event. Park hours are: one half hour before Sunrise to one half hour after Sunset. Permitted event types include, but is not limited to the following activities: 1. Entertainment (i.e. car shows, concerts, plays, or dances, holiday celebrations, and festivals); 2. Education (i.e. cultural events); 3. Health and wellness (i.e. farmer’s markets, physical fitness programs, and running and bicycle races). 4. Organized sports (i.e. soccer, baseball). The following City parks open spaces are available for Public Park Use: 1. Lewis and Clark Park 2. Clarken Park 3. Lions Park 4. Sunnyside Park 5. Prairie View Park 6. Ryen Glenn Park APPLICATION REQUIRED The following must be submitted on an approved form for application of a Park Use Permit at least 4 weeks prior to the event date. These permits will be approved and scheduled as current use is allowed. To be considered “Priority” and receive a Park Use Permit for the following calendar year, an application must be received by August 1st of the year prior to the event date. 1. Park Use Permit 2. Fees- $40.00/day per Park (District Users), $60.00/day per Park (Non-District Users), $100.00/month per Park, Lions Park Baseball Season Priority $100.00/year. 3. Cash Bond of $100.00/day or which is refundable if the park is left in a clean and undamaged condition. The bond shall not be returned until the Park has been inspected by the Parks, Trails and Recreation Department and may be withheld in whole or in part to cover damages including ---PAGE BREAK--- reseeding if necessary and/or costs for park cleanup. (Lions Park Baseball Season permit is exempt from this requirement.) 4. Insurance. Submit evidence of required insurance. 5. Other Permits and Applications a. Health Permit. Submit a copy of Gallatin Co. Health Department Permit for each vendor serving food. All Vendors serving any type of food must comply with the Gallatin County Health Department, 582-3120. For guidance see: and applications. b. Reservations for Park Pavilions must be reserved separately. 6. Procedures for approval. a. The Belgrade Regional Park, Trails, and Recreation District Director Director) or his/her designee shall be responsible for reviewing applications and issuing a Park Use Permit. b. In determining whether to approve the application, the Director or his/her designee shall take into consideration the number of such applications and/or permits for similar events already in operation in any one location and the probable positive or negative effect on park users. c. Improper use or behavior shall be grounds for the termination of an existing application for a permitted use, or, the denial of any future application from that applicant. d. The permit shall be immediately revocable by the Director or designated representative if any portion of this Policy or other applicable state or local law or application provision is breached. e. Appeals for scheduling will be decided by the Board of Directors of the Belgrade Regional Park, Trails, and Recreations District. Appeals of a park board decision will be heard by the Belgrade City Council and the council decision is final. PARK RULES AND PERMIT RESTRICTIONS 1. No approved Park Use Permit shall be sold, assigned, or transferred. Nothing herein is intended nor shall be construed to create an employer-employee or joint venture relationship with the City. The conditions herein shall be binding upon the applicant and applicant’s successors and assigns. 2. The City retains priority use of its facilities and reserves the right to reject all applications for event activities. The City further reserves the right to conduct concessions using its own staff or contractors. 3. Activities must not endanger persons or property or detract from the public’s recreational use, the public’s aesthetics enjoyment of the park, or the overall function and spirit of the event itself. 4. The concessions must only occur in the locations as shown on a site plan as approved by the Director. ---PAGE BREAK--- 5. The exclusive use of all or any portion of a City park shall not commence before 5:00 a.m., and shall terminate no later than 10:00 p.m. 6. Beverages must not be dispensed in glass containers. Cans, paper, and plastic cups are permitted. 7. Each vendor must display all applicable permits in a conspicuous location. 8. Each vendor displaying or retailing any goods or services shall locate all merchandise within a covered structure and/or upon a table. 9. Park Use Permit holders must be nonprofit organizations. 10. Except for the Baseball Season Permit at Lion’s Park, Park use permits are limited to a maximum use of 4 hrs./day, 5days/week, 4 months/year for Organized Sports and 17 hrs./day for Community Events. PROHIBITED ACTIVITIES The following activities are prohibited: 1. The utilization of any stakes penetrating the ground unless approved by the Director. 2. Vehicles on park grounds, unless placement of vehicles is approved and supervised by the Director and/or his/her designee. 3. Smoking, fighting, excessive noise, vulgar language or gestures, illegal drugs, the display of any feature, graphic or behavior that is generally deemed offensive to the public, or any other activity that is prohibited by state or local law. 4. Activities such as selling of used cars or other large equipment, garage or rummage sales, or other activity deemed by the city to be contrary to the purposes of this policy. 5. Events that charge admission. 6. Political Events 7. Bounce Houses ---PAGE BREAK--- APPLICATION This agreement is made and entered into this day of (month), (day), (year) by and between the City of Belgrade, Montana, a municipal corporation organized and existing under the laws of the State of Montana, 91 East Central, Belgrade, Montana 59714, hereinafter referred to as "City," and (name) representing (organization) hereinafter referred to as "User." That City, for and in consideration of the covenants to be performed by User, does hereby allow User to use that certain real property situated in the City of Belgrade, County of Gallatin, State of Montana, generally known as (park name). Section One — Term of Agreement: From (dates): Times: For the purpose of: Estimated Attendees: Special Requests: Section Two — Consideration for Use: For and in consideration of the granting of this use, User will pay to City, the sum of $ Section Three — Insurance Requirements: Applicant is required to furnish a Certificate of insurance certifying coverage for public liability and property damage in the minimum amount of $1,000,000.00 (One Million Dollars) combined single limit per occurrence, $2,000,000.00(Two million Dollars) in the aggregate and which states the coverage as primary insurance with the City of Belgrade named on the policy being secondary. ---PAGE BREAK--- Section Four —Mutual Covenants: It is mutually agreed by and between City and User that: If User is in default of any of the covenants or provisions of this agreement at any time, and if User fails to remedy such default upon notice thereof from City, City shall be entitled to terminate this agreement, and enjoy the same as if this agreement had not been made, and thereupon this agreement and everything herein contained on the part of City to be done and performed shall cease and terminate. In witness whereof, the parties hereto have executed this agreement the day and year first written above. Name: Representing: Address: Contact Phone: Email: Signature: Title: Approved by: Jordan Green, Director