Additional Permit Terms and Conditions
1.
Access to Property or Facility. The Permittee, its officers, employees, contractors, agents, activity participants including participating invitees and guests, shall enter and exit the facility as directed by the Borough. Permittee shall comply with all posted traffic and parking control signs, and directions by the Borough. The Permittee’s use of the facility, including the necessary rights of ingress and egress, shall not be exercised in a manner which materially interferes with the Borough’s use of the surrounding property. The Permittee agrees to abide by any restrictions upon ingress and egress to the facility and any restrictions upon movement within and around the facility as may be established by the Borough or its representative.
2.
Alterations, Return of Facility. No alteration of existing premises or facilities, or construction of permanent type improvements shall be made without the prior written approval of the Borough.
3.
Restoration of the Facility. The Permittee shall restore the Facility to the condition in which it was prior to the issuance of the Permit. The Permittee shall clean up and remove all trash and refuse generated by the Permittee’s use of the Facility, and any equipment used by Permittee. If the Permittee fails to restore the Facility, including the removal of trash and, the Permittee shall pay any costs incurred by the Borough to restore the Facility.
4.
Damage to Licensed Property. The Licensee shall be liable for any loss of, or damage to, the premises or facilities incurred as a result of its use and shall make such restoration or repair, or monetary compensation as may be directed by the Borough. All insurance required of the Permittee for the event shall be for the protection of the Borough and the Permittee against their respective risks and liabilities in connection with the event and Facility. Each such policy of insurance shall name the Borough, as an additional insured.
5.
Hold Harmless, Indemnification, Insurance.
Hold Harmless, Indemnification. The ORGANIZATION /USER/APPLICANT, referred to as USER from this point forward shall indemnify, save harmless and defend the Borough of Wildwood Crest, its elected and appointed officials, its employees, agents, volunteers and others working on behalf of the Borough of Wildwood Crest, from and against any and all claims, losses, costs, attorney’s fees, damages, or injury including death and/or property loss, expense claims or demands arising out of USER’s use of the named Facilities, including all suits or actions of every kind or description brought against the Borough of Wildwood Crest, either individually or jointly with USER for or on account of any damage or injury to any person or persons or property, caused or occasioned or alleged to have been caused by, or on account of, any of the activities conducted by or caused to be conducted by USER, or through any negligence or alleged negligence in safeguarding the FACILITY(IES), participants, or members of the public, or through any act, omission or fault or alleged act, omission or fault or alleged act, omission or fault of the USER, its employees, agents, volunteers, subcontractors or others under the direction, control or under any contractual relationship with the USER. The above USER shall inspect the described Facilities/Equipment prior to the use of the Facilities/Equipment prior to the use of the Facilities/Equipment and report any defective, hazardous or dangerous conditions found at the Facilities/Equipment to an Appointed Recreation Supervisor and /or Public Works Supervisor at (609) 522-7446, and USER shall immediately cease the use of the Facilities/Equipment until such defective, hazardous or dangerous conditions are remedied. After the use Facilities/Equipment, USER shall immediately report to the Borough of Wildwood Crest any and all defects, hazards, damages or dangerous conditions upon or adjacent to the Facilities/Equipment.
Insurance. Notwithstanding the indemnification and defense obligations of the USER, USER shall purchase and maintain such insurance described in the attached Insurance Requirement Schedule and as is appropriate for the type of use and hazards present and as will provide protection from any and all covered claims which may arise out of or caused or alleged to have been caused in any manner from USER’s use of the FACILITY(IES), whether it is to be used by the USER, its employees, agents, volunteers, subcontractors or others under the direction, control or under any contractual relationship with the USER or by anyone for whose acts any of them may be liable.
USER shall be required to name the Borough of Wildwood Crest as an “Additional Insured” on the USER’s policy of commercial general liability insurance, and simultaneously with the delivery of the executed Use of Facilities Agreement, USER shall provide the Borough of Wildwood Crest with a Certificate of Insurance indicating that the insurance coverage as described in the attached schedule, and as is appropriate for the type of use and hazards present, has been obtained and that the Borough of Wildwood Crest has been designated as an “Additional Insured” where required. On or before the renewal date of said policy, USER shall be required to provide the Borough of Wildwood Crest with a Certificate of Insurance indicating the continuation of insurance coverage and designating the Borough of Wildwood Crest as an “Additional Insured” for the duration of this agreement.