EAST BOSTON PIERS PARK APPLICATION FOR EVENT LICENSE AGREEMENT

039K BOSTON TEA PARTY IN THE MIDST OF THEE
15 COURT SQUARE SUITE 400 BOSTON MA 02108 PHONE
1951 BVA SPEECH BOSTON MASS I TOLD YOU IN

AN EXHIBITION AT THE MCMULLEN MUSEUM BOSTON COLLEGE
AN INCIDENT IN BOSTON MARCH 5 1770 Q UESTION
APPLICATION FOR EMPLOYMENT BOSTON TEA PARTY IS FULL OF

EAST BOSTON PIERS PARK

EAST BOSTON PIERS PARK

APPLICATION for EVENT LICENSE AGREEMENT

EAST BOSTON PIERS PARK APPLICATION FOR EVENT LICENSE AGREEMENT

Please review all information contained in this Event Application, complete in full and send entire completed Application to:

Massport Parks Phone: (617) 568-3998

Massachusetts Port Authority Fax: (617) 568-3703

Government and Community Affairs [email protected]

One Harborside Drive

East Boston, MA 02128-2909

DEADLINE: This Application for Event License Agreement must be submitted to the Massachusetts Port Authority’s Maritime Department no fewer than thirty (30) days in advance of the date requested.

This application is required for events with over 30 attendees. If you plan to have 30 people or less in attendance, advance notice is required. Please contact Massport at the telephone number or e-mail above.

Date of Application:

APPLICANT:

Last Name

First Name

Title

Company, if applicable

Type of Business (i.e. partnership, corporation, etc.), if applicable

State of Formation, if applicable

Address

City

State

Zip

E-Mail

( )

Telephone

Alternate phone

Fax

EVENT:

Date

Set-Up Start Time

Event Start Time

Event End Time

Clean-Up End Time

Event Details (Please attach a separate sheet, if necessary)

# of Adult attendees

# of Children Attendees

# of Event Workers

(Are they volunteers or employees of your organization?)

Please place an X in the YES column beside the items you intend to provide for your event. Include additional information either under: “Description/Type/Use”; on the map of Piers Park attached (page 7); or on a separate sheet of paper.

YES	ITEM DESCRIPTION	QUANTITY	SIZE AND/OR DIMENSIONS	HOW SECURED	DESCRIPTION/TYPE/USE	PROPOSED LOCATIONS (see map on page 7)
SET-UP / SPECIAL ARRANGEMENTS:
	Tables
	Chairs
	Decorations (must be fire retardant)
	Signs (must be fire retardant)
	Banners (must be fire retardant)
	Entertainment
	Prepared Foods (The use of open flames, grills or cooking or heating units is not allowed. No glass containers allowed.)
	Tents (Please see Section 13 on page 5 for additional information.)

ELECTRICAL:
	Electrical Wiring (including the use of any amplified sound, such as a stereo or other electronic device.) Please see Section 9 on page 4 for additional information.
	Generators
	Lighting

SOUND REQUIREMENTS:
	Music - Live (Please see Section 12 on page 5 for additional information.)
	Amplified Sound (Please see Section 12 on page 5 for additional information.)

TRAFFIC GENERATION:
	Anticipated pedestrian traffic
	Anticipated vehicular traffic

Any other pertinent information about your event:

INSTRUCTIONS FOR APPLICATION, FEES AND INSURANCE

Event organizers wishing to use Piers Park for an event with over 30 anticipated attendees must submit an application notifying the Authority of their desire to use the park no less than 30 calendar days in advance of the date requested. Applications submitted with less than 30 days notice shall be granted only to the extent administratively and operationally feasible.
An expanded License Agreement is required for any programmed or organized use, activity or gathering of over 60 anticipated attendees. An expanded License Agreement may be required for events of any size if considered necessary by the Authority for reasons of safety, security, effect on the park, the nature of the event, risk to the Authority or the enjoyment of the park by others.
There is a $100.00 administrative fee for private social events or events held by for-profit organizations (i.e. wedding ceremony, family party, business meeting, corporate event) that involve over 60 attendees.
To ensure the general public’s access to and enjoyment of Piers Park, specific time limits for events shall be determined. Events generally shall occur between 10:00 A.M. and 8:00 P.M. Evening events shall be considered on a case-by-case basis taking into account public safety, size, residential neighbors, and the City of Boston’s noise regulations.
For all events, the Piers Park Property Manager, the Authority’s Fire Department, and the Security Services Unit will determine the maintenance requirements, emergency medical staff needs and safety and security requirements. The event organizer will be required to pay the additional costs of Authority personnel required for the event beyond normal staffing levels.
Insurance requirements will be determined by the Authority’s Director of Risk Management. If it is determined that insurance coverage is required, a certificate showing the required coverage must be provided to the Authority no less than 14 calendar days in advance of the event date. Liability insurance procured shall name the Massachusetts Port Authority as an additional insured.
No event can take place before the Authority has received all applicable payments, the required insurance requirements have been met, and all copies of the expanded License Agreement (if required) are completely processed.

The Authority reserves the right to disapprove applications in accordance with the Authority’s Policies and Procedures for Piers Park dated January 17, 2008. If an application is not approved, the Applicant shall have five (5) business days to appeal the decision in writing to the Port Director at the address listed on the front of this application.

For events with 60 or fewer anticipated attendees, an application accepted by the Authority (in writing) serves as the License Agreement for the use of Piers Park unless the Authority notifies the Applicant that an expanded License Agreement will be required. For events with more than 60 anticipated attendees, the Authority shall prepare an expanded License Agreement for the Applicant to sign. Violations of any agreements between the Applicant and the Authority may result in the revocation of the License Agreement by the Authority.

TERMS AND CONDITIONS

In consideration of the Authority granting use of Piers Park, Applicant agrees to comply with the following Terms and Conditions.

1. Applicant shall observe, obey, and require all of its members, officers, employees, agents, suppliers, vendors, volunteers, invitees and guests to observe and obey, the policies, rules and regulations of the Authority and all other applicable laws including the rules posted at Piers Park set forth below:

1. Please use trash receptacles.

2. Animals prohibited (service animals are permitted to assist persons with disabilities.)

3. No alcoholic beverages.

4. No glass containers.

5. No fires or barbecues

6. No skateboarding, roller skating or ball playing.

7. No fishing or swimming.

8. Massport-licensed vendors only.

9. No loud music.

10. No bikes.

11. Any conduct that poses a danger to public safety, persons or property in Piers Park is prohibited.

12. Any person who violates these rules may be considered a trespasser and required to leave the park.

2. The following are prohibited unless authorized in writing by the Authority.

1. Sell, or offer for sale, any article of merchandise.

2. Commercial activity.

3. Solicitation of any business or trade.

4. Solicitation of alms or funds for any purpose.

5. Posting, distribution or display of signs, advertisements, circulars printed or written material.

3. Applicant shall not charge an admission fee to any patrons, invitees, guests, volunteers or others.

Applicant shall not interfere with the enjoyment of Piers Park by the general public or with the operation of Piers Park by the Authority.

The event shall not conflict with other approved events scheduled for either Piers Park or Bremen Street Park. The Authority reserves the right to assign the appropriate space for an event.

6. Applicant shall demonstrate adequate capacity to be held responsible for the organization and management of the event, including payment of costs for security, medical services and park maintenance.

7. If Applicant cancels or reschedules an approved event, notification must be provided to Chris Mackenzie, Parks Property Manager, at (617) 568-7442, and Anthony Guerriero, Assistant Director, Federal Affairs & Community Relations, at (617) 568-3998 at least one (1) full business day in advance of the approved date. If the event is cancelled without the required notice, Applicant shall pay to the Authority all expenses incurred, which may include Authority staff scheduled but not utilized. If Applicant reschedules the event to another date approved by the Authority with less than the required notice, the Applicant shall pay all expenses incurred for the original date of the Event and the date on which the Event actually occurs.

8. The Applicant shall comply with the Authority’s regulations for Port Properties found at Title 740 Code of Massachusetts Regulations Chapter 3.00.

9. All exterior wiring must comply with the Massachusetts State Electrical Code. Wiring and associated electrical equipment must be properly ground faulted.

10. The arrangement, logistics, set up, and take down of the event shall not require trucks and/or heavy equipment that pose potential damage or hazard to the Piers Park grounds, architecture, and furniture, and shall not disrupt the public's peaceful enjoyment of Piers Park.

11. No portion of Piers Park shall be closed to the public for commercial or other private use. Partitioning off portions of Piers Park for an event by fencing or other means shall be prohibited except as approved by the Authority. Partitions shall not remain in place longer than the duration of a single event. Events, particularly those near paths and entrances, shall not impede pedestrian traffic.

12. The City of Boston limits for sound levels apply. Amplified music or sound shall only be permitted in the Amphitheatre. No amplified sound shall be turned on before 10:00 A.M. except for the purposes of a sound check. The rest of Piers Park shall be a quiet zone and a peaceful refuge away from amplified sound including, for example, loud radios and other electronic devices.

13. The use and location of tents shall be determined solely at the discretion of the Authority. Tents must be installed by a professional company authorized to perform such an installation, and a copy of the tent certificate, with evidence that it is fire retardant, must be provided to the Authority. Tent installation must comply with all applicable requirements of the Massachusetts State Building and Fire Codes, including any requirements to have the tent permitted by the Building Inspector. Open flames are prohibited inside the tent area. If approval of the use of tents is granted, a member of the Authority’s maintenance staff must be present for the installation of the tent.

14. Applicant accepts Piers Park in its then present condition, “as is,” and the Authority makes no representation or warranty of any kind with respect to the use of Piers Park.

15. Applicant shall make best efforts to return Piers Park to its condition immediately prior to Applicant’s use. Except for reasonable wear and tear, Applicant assumes complete responsibility for damage or loss to Piers Park and the Authority including, but not limited to, damage to landscaping, vegetation, walkways, structures and furniture arising from Applicant’s use, and the Authority shall repair any and all such damage and injury thereto at Applicant’s expense. Applicant shall clean up all trash and debris related to Applicant’s use and place in trash receptacles or trash bags, which shall be emptied or removed by the Authority. In the event that Applicant fails to clean up trash and debris related to Applicant’s use, the Authority may clean up such trash and debris at Applicant’s cost and expense. The Authority, in its sole discretion, may require the Applicant to remove all trash and debris related to Applicant’s use from Piers Park. In the event that Applicant fails to remove trash and debris, the Authority may remove such trash and debris at Applicant’s cost and expense. The reasonable costs of any repairs, replacements, restoration or clean-up made by the Authority will be charged to and paid by Applicant.

16. In the event that there are unforeseen expenses to the Authority related to the Applicant’s use of Piers Park, Applicant shall be billed for and shall pay such additional expenses. Applicant shall have an opportunity to approve any additional expenses, provided that such approval does not unreasonably delay the resolution of any public safety issue.

17. To the extent permitted by law, Applicant, at Applicant’s own expense, shall defend, indemnify and hold harmless the Authority, the Authority’s members, officers and employees from and against all claims, causes of action, suits, losses, damages, liabilities and expenses of whatever nature (including attorney's fees and costs of investigation and litigation) based upon or arising out of or alleged to be based upon or arising out of (i) the event; (ii) any breach or default on the part of Applicant in performance of any of its covenants or obligations under this Application; (iii) any negligence or fault of Applicant, or any of its officers, employees, agents, servants, suppliers, vendors, volunteers, invitees and guests or any person holding or claiming through or under Applicant; (iv) the condition of Piers Park; and (v) any accident, injury or damage whatsoever caused to any person occurring during the Term on or about Piers Park. The foregoing express obligation of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to the Authority which would exist at common law, and the extent of the obligation of indemnification shall not be limited by any provision of insurance undertaken by Applicant. The Authority shall give Applicant reasonable written notice of any claims threatened or made or suit instituted against it which could result in a claim of indemnification hereunder. This indemnity provision shall survive the termination or expiration of this Application.

18. The Authority may terminate, revoke or suspend Applicant’s use of Piers Park at any time and without notice in the event the terms and conditions of this Application are violated, or for any other reason in the Authority's sole discretion. The Authority reserves the right in the Authority’s sole discretion to suspend and/or reschedule assigned events. In case of inclement weather, the Authority reserves the right to cancel the event without advance notice. Rescheduling of canceled events may be made based upon availability. In no case shall the Authority be liable to the Applicant for such termination, suspension, rescheduling or cancellation.

19. Applicant and the Authority, by execution of this Application, voluntarily and intentionally waive all rights to trial by jury as to all claims, disputes, or controversies arising out of, or relating to, this Application or relating in any way to activities permitted under this Application. The Authority has acted in reliance on this express condition in executing this Application. This paragraph shall survive the expiration or earlier termination of this Application.

20. Applicant and the Authority do hereby agree and acknowledge that should a dispute arise concerning this Application, their sole recourse is against each other, and any and all members, directors, officers and employees of the Authority shall not be named in any lawsuit, nor held personally liable for any cause of action related to this Application, or any cause of action for an alleged breach of its terms whether the action sounds in tort or contract. Applicant agrees that the Authority shall not b liable to Applicant for any loss of business or any indirect, incidental, special, consequential or exemplary damages or lost profits. This paragraph shall survive the expiration or earlier termination of this Application.

21. The person executing this Application on behalf of Applicant certifies and represents that he/she has the authority and power to bind the Applicant to the obligations set forth herein and to sign on its behalf.

22. Applicant agrees that the Authority may deny Applicant the use of the park on future occasions for non-compliance with these Terms and Conditions.

Applicant has read and agrees to the above Terms and Conditions.

Applicant agrees that if the Application is accepted by the Authority, the Application and the Authority’s written acceptance of the Application create a legally binding Agreement between Applicant and the Authority.

___________________________________

Name of Applicant

____________________________________

Signature of Authorized Representative

____________________________________

Printed Name

____________________________________

Title

_____________________________________

Date Signed

For Massport Use Only:

___ Approved ___ TO staff needed

___ Denied ___ PO staff needed

___ Extended license needed ___ Fire/Rescue staff needed Total amount due: $__________________

Insurance requirements: _____________________________________________________________________________________

Other notes: ______________________________________________________________________________________________

Please circle an area on the map below indicating the location of the event requested in this application.

EAST BOSTON PIERS PARK APPLICATION FOR EVENT LICENSE AGREEMENT

Applicant understands and agrees. Initials _______ Date _______ Page 2 of 2

ASSP GREATER BOSTON CHAPTER LOCAL SCHOLARSHIPS ELIGIBILITY 1
AT A MEETING OF THE SOUTH BOSTON TOWN COUNCIL
AUGUSTUS RICHARD NORTON OFFICE DEPARTMENT OF INTERNATIONAL RELATIONS BOSTON

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