Bloomington Center for the Arts Outdoor Space Rental Request

The Applicant agrees and understands that the use of this City property is conditioned upon compliance with all of the terms and regulations set forth in the facility Use Regulations, the City’s policies prohibiting sexual harassment, firearms, unlawful discrimination and smoking, as well as all other reasonable City rules and policies regulating the behavior of persons on City property. 

The Applicant agrees to require each of his or her agents, guests and employees to abide by these rules, regulations and policies while present on the property and understands that a violation thereof will result in the immediate termination of the activity or event without refund. 

The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Bloomington services, programs, and activities. Upon request, this information can be available in Braille, large print, audio tape and/or computer disk. 

Applicant agrees to obtain all required permits issued by the City and other public entities and to abide by all laws and ordinances of the State of Minnesota, Hennepin County, and the City of Bloomington. 

Applicant acknowledges and agrees that the approval of the Permit, and this Release, is in no way a guarantee or assurance by the City that any future permits or agreements will be granted and that it has no expectation of a renewal or future approval of such a permit.  

In consideration for the use of public grounds and the grant of the Permit for the purposes set forth in the permit application, the Applicant agrees to defend, indemnify and hold harmless the City, its officers, agents and employees against any and all claims, suits, actions, debts, losses, damages, costs, charges and personal injury, including death, resulting directly or indirectly from any act of negligence, either active or passive, on the part of the Applicant in the applicant’s use of public property specified in the application. 

Applicant understands that they will be solely responsible for any and all damages or losses to City property and Applicant’s personal property while located at the above-listed property.   

After the Event, Applicant shall be responsible for the cleanup of the Event Location and of other properties surrounding the Event Locations which have been impacted by litter, debris or other material left in connection with the Event.  Such cleanup must be completed within twenty-four (24) hours of the end of the Event.  To secure the completion of this requirement, Applicant shall provide and maintain a cleanup deposit with the City (“Cleanup Deposit”) of FIVE HUNDRED DOLLARS AND NO/100 ($500.00).  In the event that the cleanup after the Event is not performed to the satisfaction of the City within the required timeframe, the Cleanup Deposit shall be forfeited to the City, provided, however, that the City has given Applicant a minimum of four (4) hours’ notice to cure any deficiency.  Upon forfeiture, the City may then utilize the deposit for cleanup purposes but shall not be required to do so; the responsibility for cleanup shall remain that of Applicant.  Within fifteen (15) days after the Event, provided all clean-up has been completed and no sums required by this Agreement remain due and owing to the City, any remaining portion of the Cleanup Deposit shall be returned to Applicant.  

The Applicant understands and agrees that any vendors the Applicant retains to provide food, services, or equipment at the Event is required to obtain the applicable permits and licenses from the City prior to approval of the Permit. All such vendors are required to maintain Commercial General Liability insurance in an amount not less than $1,500,000 per occurrence for bodily injury or death arising out of each occurrence, and $1,500,000 per occurrence for property damage.  To meet the Commercial General Liability requirements, the vendor may use a combination of Excess or Umbrella coverage.  The vendor shall provide the City with a current certificate of insurance including the following language:  “The City of Bloomington is named as an additional insured with respect to the commercial general liability and umbrella or excess liability, as required by the Agreement. The umbrella or excess liability policy follows form on all underlying coverages.”  

The Applicant agrees that if, in the reasonable judgment of the City, the health, safety, or welfare of the public occurring at or near the Event Location is imminently threatened by an event(s), natural or man-made, and the termination or limitation of the Event or portions thereof is deemed necessary to manage this threat, the City may issue an order immediately terminating or limiting the Event. The City may also issue orders terminating the Event or terminating or limiting portions of the Event for violation or non-compliance with any or all conditions of the Permit. The City may issue the order orally or in writing as may be reasonable under the circumstances, and shall communicate it to the Applicant or the person predesignated for this purpose by the Applicant, who shall be responsible for implementing the order on behalf of Applicant.  The City shall endeavor, to the extent that may be reasonable and feasible under the circumstances, to consult with Applicant prior to the issuance of any order about measures that might be available to mitigate the need for the order.  

The Applicant agrees to be bound by the terms and conditions of this Release.