Permit Terms and Conditions

Brooklyn Bridge Park

Permit Terms and Conditions

a. General Definitions.

BBPC. “BBPC” means Brooklyn Bridge Park Corporation, a not-for-profit corporation and instrumentality of The City of New York that is charged with the operation, maintenance, planning and development of Brooklyn Bridge Park.

Facility. “Facility” means any building or structure located within Brooklyn Bridge Park.

Park. “Park” means Brooklyn Bridge Park (as such term is defined in the Rules and Regulations).

Permit. “Permit,” unless otherwise specified, means any written authorization issued by or under the authority of BBPC for a specified privilege, allowing the performance of a specified act, use or activity within the Park.

Permittee. “Permittee” means the person whose name appears on a Permit.

Person. “Person” means any natural person, corporation, society, organization, company, association, firm, partnership, or other entity.

Rules and Regulations. “Rules and Regulations” means the Brooklyn Bridge Park Rules and Regulations, available for download by visiting http://www.brooklynbridgepark.org/pages/rules and clicking on the words “click here.” A copy of the Rules and Regulations can also be obtained by sending a written request to Brooklyn Bridge Park, Attn: General Counsel, 334 Furman Street, Brooklyn, New York 11201.

Terms and Conditions. “Terms and Conditions” means these Brooklyn Bridge Park Permit Terms and Conditions.

b. Requirement to Obtain a Permit. When any permit is required as a condition to the performance of any act or activity, the Permit must be obtained prior to undertaking performance of such act or activity. Except as is otherwise provided elsewhere herein, Permit applications to conduct regulated activities or uses must be submitted at least twenty-one (21) days in advance of the planned event, activity or use.

c. Permit Terms and Conditions. A Permit may be granted upon such terms and conditions as BBPC will reasonably impose, and will authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof.

i. BBPC may alter or add terms and conditions to a Permit, or revoke a Permit, based upon the criteria set forth in subdivision (j) of this section.

ii. Permittees must confine their activities to the locations and times specified on their Permit. BBPC may establish specific guidelines for certain designated Parks or Park locations.

iii. BBPC may suspend or restrict uses allowed under a Permit where exigent circumstances exist in the vicinity of the location for which such Permit has been issued.

iv. The issuance of a Permit does not grant the Permittee the right to sell or offer for sale any articles, tickets, or refreshments within or adjacent to any Park area, unless specifically authorized to do so in such Permit.

v. If a Permittee intends to drive vehicles (e.g. buses, cars, trucks, and vans) into the Park for deliveries to an event site or for any other legitimate purpose, the Permit must specify each such vehicle and the date, time, route and parking privilege granted or the Permittee must obtain a separate Permit authorizing each such vehicle to be used in the course of the permitted event.

vi. Permit applications must indicate whether electrical energy or any other utility is required for the event. Permittees will be responsible for the procurement of and payment for electrical energy and any other utility used during the event.

vii. Permittees are responsible for cleaning and restoring the site to good condition after the event. Permittee will be responsible for any overtime, repair and maintenance or other costs incurred by BBPC because of a Permittee’s failure to clean and/or restore the site following the event.

viii. BBPC or its agents will determine the level of security necessary on a case by case basis. For example, smaller projects that do not involve much staff or equipment may not require much security while larger projects with equipment left on site may require twenty-four hour security. The applicant shall pay these costs. No level of security can be a guarantee against loss. BBPC assumes no responsibility for the loss of or damage to any equipment, property or for any and all damages to persons or property.

ix. No uses that would create a fire hazard shall be permitted in or upon the Premises. Examples of a fire hazard include, but are not limited to: piles of newspapers, uncoated dry wood, and containers of flammable liquids. Pyrotechnics shall not be used without specific approval by BBPC. Flammable materials, such as plywood, used in set construction shall be coated with flame retardant whenever possible.

x. Permittee shall comply with 24.201 et. seq. of the Administrative Code of the City of New York (the “Noise Control Code”). Permittee shall not permit or cause to be permitted, operated, conducted, constructed or manufactured in the Park devices and activities which would cause a violation of the Noise Control Code.

d. Permittee Responsible for Compliance. Any Person issued a Permit assumes all liability and responsibility for any activity conducted under the authority of the Permit or any actions resulting from activities authorized by the Permit.

e. Permit Not Assignable. Any act authorized pursuant to a Permit may be performed only by the Person or Persons named therein, and any such authorization cannot be assigned, transferred or delegated, unless and except as provided in such Permit.

f. Permit Fees Non-refundable. All fees paid in connection with obtaining a permit shall not be refundable.

g. Refunding of Site Fee. All fees paid in connection with obtaining a permit shall not be refundable, except under extreme circumstances (including but not limited to inclement weather, natural disasters, or other threats to park and human safety), as deemed by Brooklyn Bridge Park, wherein the park was closed to ensure the safety of its occupants. Under these circumstances, the amount refunded to the permittee shall be determined by Brooklyn Bridge Park.

h. Permit Application Forms. Application for a Permit must be made on forms provided by BBPC. Such form(s) must be properly completed and signed and submitted with any required supplemental documents and payment of the applicable fee, if any.

i. Bonds. BBPC may require the Permittee to post a bond in an amount sufficient to ensure full compliance with the terms and conditions of the Permit. The decision of whether to require a bond will be based on the following factors:

i. the location of the event and such location’s vulnerability to damage;

ii. if the event or any activities associated with the event present a risk of property damage;

iii. the number of people expected to be in attendance;

iv. the type of equipment to be brought onto the site;

v. the number of days the Permittee will occupy the site; and

vi. the season in which the event will take place.

j. Insurance. Permittees may be obligated to obtain liability insurance for permitted events. In determining the type and amount of such insurance BBPC may consider, among other factors, the following factors:

i. the potential risk of personal injury or property damage;

ii. whether the special event involves the sale of food;

iii. whether the special event involves a large number of participants relative to the size of the specific Park site;

iv. whether the special event involves transportation and installation of heavy equipment, or the installation of a stage or other temporary structures;

v. whether the special event involves the use of inherently dangerous objects; and

vi. whether the special event involves the use of water areas.

vii. If required by BBPC, Permittee shall procure at its sole cost and expense insurance providing coverage to the BBPC for claims for damage to property and personal injury, including death, which may arise from the conduct of the Permittee, its agents, employees, contractors and guests and for the performance of any services performed in conjunction with this Permit authorized by the Permittee. Prior to commencement of any activities under this Permit, the Permittee shall provide a current insurance certificate evidencing the following insurance coverage:

1. Commercial General Liability with a limit on not less than $1,000,000 each occurrence, $2,000,000 aggregate.

2. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Causes of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of BBPC held in their care, custody and/or control.

3. Workers Compensation, Employers Liability, and Disability Benefits, as required by New York State. If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act endorsement must be included.

4. Comprehensive Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile owned, leased, hired and non owned automobiles.

viii. Insurance coverage shall be provided only by an insurer duly licensed in the State of New York. All insurance policies and certificates procured by the Permittee shall name as additional named insured: Brooklyn Bridge Park Corporation d/b/a Brooklyn Bridge Park, Empire State Development Corporation, Brooklyn Bridge Park Development Corporation, the State of New York, The City of New York, NYC Department of Parks and Recreation and their respective commissioners, directors, officers, employees, agents, successors and assigns. Such additional insured coverage shall be at least as broad as the most recent edition of Insurance Services Office (ISO) Form CG 20 26.

ix. The Permittee shall promptly notify BBPC of any accidents and/or claims including, without limitation, accidents or claims involving bodily injury, death or property damage, arising on or within the area covered by this permit. Such notice shall be provided in writing to BBPC as soon as practicable but in no circumstance later than seventy-two hours following the Permittee receiving notice of the accident or claim.

k. Activities or Uses Prohibited Except When Undertaken Pursuant to a Permit. Except where authorized by a contract, license, permit, or other agreement with BBPC, it is illegal to engage in any of the regulated activities within the Park as set forth in subpart 7 of the Rules and Regulations for which a Permit or other authorization from BBPC is required without first obtaining a Permit for such activity issued by BBPC and complying with the terms thereof and any other conditions contained in these Terms and Conditions. The Permit must be kept on hand at the permitted site and/or event, so as to be available for inspection by police officers or BBPC employees.

l. Action on Permit Applications.

i. If an application is not complete, we may contact the applicant for additional information.

ii. Except as provided in paragraph (iii) of this Section, if the application is complete, BBPC will endeavor to either issue or deny the Permit within 21 days of its receipt or completeness.

iii. If BBPC requires additional time to review a Permit application, it will notify the applicant that additional review time is required and indicate when it will act upon the Permit request.

iv. If BBPC denies an application for a Permit, it will notify the applicant of its reasons why the Permit was not issued.

m. Permit Denial. BBPC may deny a Permit application for the following reasons among others:

i. the Permit application was not timely submitted;

ii. another activity or use has been previously scheduled for the same time at the Facility or area to be utilized;

iii. the proposed activity or use is not compatible with the recreational, environmental or historic character of the Facility or area to be utilized;

iv. BBPC can reasonably anticipate that the proposed activity or use cannot be accommodated in a manner that will ensure the public health, safety and welfare of all Park patrons or that such activity or use may result in damage to Park or Facility resources;

v. the proposed activity or use will cause undue interference with the activities or enjoyment of the Park by other Park patrons; or

vi. within the preceding three years, the applicant has been found in violation of these Terms and Conditions, the Rules and Regulations, or any New York State or New York City Department of Park and Recreation rules or regulations concerning same or similar activity;

vii. Within the preceding three years, the applicant has been granted a Permit by BBPC or another governmental agency or authority and did, on that prior occasion, knowingly violate a material term or condition of such Permit, or any law, ordinance, statute or regulation relating to the use of the Parks;

viii. The applicant has any outstanding fees, charges, fines or civil penalties due BBPC; or

ix. A material condition of the Permit has not been and/or cannot be met by the applicant.

n. Appeal of Denial of Permit Application. An applicant may appeal a Permit denial by writing the President of BBPC at its main office located at 334 Furman Street, Brooklyn, NY 11201.

o. Failure to Comply with Permit Requirements. Failure to comply with these Terms and Conditions is a violation of Permit requirements and the Permit may be revoked at the discretion of the President of BBPC whose decision is final. If, upon expiration or termination of the Permit, it is determined that a Permittee has not complied with these Terms and Conditions, or has violated any law, ordinance, statute or rule, then the following rules apply:

i. any bond provided as security for a Permittee’s performance with BBPC will be forfeited and retained to the extent necessary to remedy, or compensate BBPC for, the damages caused by such acts, omissions, or violations;

ii. the Permittee, together with his or her agents and employees who violated such terms and conditions or provisions of law, ordinance, statute or rule, will be considered jointly and severally liable for any additional sum necessary to correct or compensate BBPC for such damages; and

iii. neither forfeiture of any security nor payment nor recovery for such damages will in any way relieve the Permittee of civil or criminal liability arising from the violation of any law, ordinance or rule.

p. Liability. Permittees will be held liable for any and all damages or injuries to Persons or property that may occur or be caused by the use of the Permit. By accepting a Permit, Permittees agree to indemnify and hold harmless BBPC, the Brooklyn Bridge Park Development Corporation, the State of New York, the City of New York, and the City of New York Department of Parks and Recreation and their respective commissioners, directors, officers, employees and agents from any and all claims whatsoever that may result from such use.

q. Notification in Case of Accident. Should there be any injuries, accidents, or other health incidents at an event, Permittee must notify BBPC’s Maintenance and Operations Office immediately by telephone at 718-222-9939 or other number listed in the Permit for such notification.

r. Unauthorized Advertisement. It will be a violation of these Terms and Conditions to advertise the location of any event requiring a Permit under these Terms and Conditions via posting, print media, radio, television, or the internet when the location is under the jurisdiction of BBPC and the Person who is responsible for placing the advertisement has not received a Permit from BBPC for such event. There will be a rebuttable presumption that any Person or organization whose name, telephone number or other identifying information appears on any such advertisement has violated this subdivision by either

i. Illegally advertising an event, or

ii. directing, suffering, or permitting a servant, agent, employee or other individual under such Person’s or organization’s control to engage in such activity; provided, however, that such rebuttable presumption will not apply with respect to criminal prosecutions brought pursuant to this subdivision.

s.Intellectual Property. BBP is the owner of various intellectual property, including the designations and trademarks or service marks “Brooklyn Bridge Park,” “BBP” and variations thereof, BBP’s signage and BBP’s logo. Any use of such intellectual property shall require the prior written authorization from BBP in its sole discretion.

t. In addition to these terms and conditions, you must also abide by any instructions specified in the permit that is issued to you.

If you are applying for an Athletic Permit, for use of the Pier 5 Sports Fields or Pier 2 Sports Courts, you must also abide by the following Terms and Conditions.

Brooklyn Bridge Park Corporation

Terms and Conditions for Use of the Athletic Facilities

These Terms and Conditions for Use of the Athletic Facilities (“Athletic Facilities”) shall supplement, not supersede, the Brooklyn Bridge Park Permit Terms and Conditions. All capitalized terms not defined herein, shall have the meaning provided in the Brooklyn Bridge Park Permit Terms and Conditions.

Applications

a. Those who wish to reserve Athletic Facilities under the jurisdiction or management of Brooklyn Bridge Park, for the use of sports including, but not limited to soccer, rugby, field hockey, lacrosse, and flag football, must obtain a written Permit from BBPC. If an individual is applying for a Permit on behalf of a group or athletic league, he or she must so designate on the Permit. Only one individual may apply for a Permit per group or athletic league.

b. The fields at Pier 5 of the Park are intended only for sports that would ordinarily be played on a rectangular, turf playing area. Sports such as baseball, softball, kickball and/or other sports not customarily played on such a playing field may not be permitted by BBPC.

c. Those who wish to reserve Athletic Facilities under the jurisdiction or management of BBPC for any other purposes may require a Special Events Permit. For more information, please contact the BBPC’s permit coordinator (the “Permit Coordinator”) at permits@bbp.nyc.

d. The completed application must be submitted in accordance with the following seasonal application periods, and at least 21 days prior to the event:

i. Spring (March through May) – Dec 1 until full

ii. Summer (June through August) – Feb 1 until full

iii. Fall (September through November) – May 1 until full

iv. Winter (December through February) – No permits issued

e. BBPC reserves the right to require a clean-up bond and/or liability insurance for the event/game, naming the following parties as additional insureds: Brooklyn Bridge Park Corporation d/b/a Brooklyn Bridge Park, Empire State Development Corporation, Brooklyn Bridge Park Development Corporation, the State of New York (the “State”), The City of New York (the “City”), and their respective commissioners, directors, officers, employees, agents, successors and assigns. BBPC also reserves the right to require a Certification by Broker form to validate the terms of the insurance.

f. Admission tickets, refreshments, or any other articles may not be sold or offered for sale within or adjacent to any Park area without the prior written authorization of BBPC.

Permits

a. The Permittee must confine sports activities to the locations and times specified on the Permit.

b. The Permittee shall remain subject to the Rules and Regulations of the Park (available for download by visiting http://www.brooklynbridgepark.org/pages/rules), the specific terms of the Permit, these Athletic Facilities Terms, the Terms and Conditions, and to all rules, regulations, and laws of all City, State, and Federal departments insofar as applicable.

c. The Permittee must clean and restore the athletic facilities after each session.

d. The Permittee must have in his/her possession at the time and site of the reserved session the Permit for the use of the athletic facilities and any other permits or documents required by BBPC or any other City agency for proposed activities at the session.

e. All Permits are non-refundable and non-transferable.

f. If a reserved session is cancelled by BBPC for administrative reasons, the session may be rescheduled if feasible.

g. The Permit is revocable at any time at the discretion of the Permit Coordinator, or his or her superior. The reasons for revocation include, but are not limited to,

i. Providing incorrect information on an application form;

ii. Failure to adhere to the Rules and Regulations, the Terms and Conditions, or the Athletic Facilities Terms; and

iii. The use of a permit issued to a youth organization by adults.

h. The Permittee has the right to appeal the revocation of a permit to the Permit Coordinator within 10 days immediately following the mailing of notice of revocation by BBPC. Such an appeal must be in writing. The decision of BBPC shall be final.

i. The maximum number of reserved hours that any adult single permit-holder or league may control is limited to 16 hours per week. The maximum length of any Permit is one season. Because of high demand for Permits, if the Permittee does not reasonably need all of the session time requested, BBPC may approve the Permit in part, granting to the Permittee some fraction of the athletic facilities time applied for.

j. BBPC may inspect the site to determine if the Permittee is utilizing all of the reserved time requested. In the event that BBPC determines that the Permittee is not using all of the time requested, BBPC may reduce the number of permitted sessions.

k. Use of amplified sound is not permitted under a sports Permit. You may only request amplified sound for use of regulation size Field 4, the play turf, or one of the basketball courts. You must secure a New York City Police Department permit for amplified sound.