A. SUMMARY: Any person or organization wishing to hold a Special Event on property managed by CPPDA must obtain approval from CPPDA. A Special Event is generally any activity not organized by the Authority, which has the effect, intent, or propensity to draw a crowd or onlookers, and includes sporting events, festivals, public spectator attractions, entertainment, ceremonies, or large group gatherings.
These Guidelines describe the LICENSE application process and the rules governing Special Events on CPPDA property. Permission to use CPPDA property will be denied if, in the opinion of CPPDA, the Special Event may:
Cause injury or damage to CPPDA resources,
Create a clear and present danger to public health or safety,
Result in significant conflict with others authorized to use CPPDA property,
Unreasonably impair the area’s atmosphere of peace and tranquility,
Substantially impair the operation of CPPDA’s facilities or services or tenants
Be illegal, including unauthorized raffles and gaming activities which are governed by local ordinances.
In addition, LICENSE approval will be denied or canceled if the applicant fails to provide all material required by these Guidelines or follow all of the rules specified in these Guidelines.
B. ISSUANCE: Approval to hold the Special Event is subject to the applicant’s fulfillment of all of the requirements in these Guidelines, and compliance with all applicable Federal, State, and local laws and regulations.
C. USE FEE: The applicant shall pay a fee for the use of CPDPA property as prescribed by CPPDA. Fees must be paid to CPPDA in full at least thirty (30) days in advance of the set up date (if applicable), or otherwise the opening date, of the Special Event. Use fee deposits are not refundable. Unless notice of cancellation is received by CPPDA at least seven (7) days prior to the scheduled Special Event, the Use Fee is not refundable.
D. GUARANTEE: The applicant shall provide a bond, a written guarantee, or some other arrangement in the form of an irrevocable letter of credit, certified check, cash, or other guarantee satisfactory to CPPDA to cover costs of repair, restoration, rehabilitation, and clean up of the licensed area; public safety and police law enforcement coverage; employee overtime; and any other unbudgeted costs resulting from the Special Event.
If CPPDA determines that a cash bond is required, then CPPDA will set the bond amount, but in any event the minimum amount of the bond will be $2,000 for the duration of the Special Event. Minimum bond requirements may be increased depending upon the size and scope of the Special Event. The bond must be furnished to CPDPA at least thirty (30) days in advance of the set up date (if applicable), or otherwise the opening date, of the Special Event.
The bond shall be held by CPPDA, without payment of interest, as security for the performance by the applicant of its obligations under these Guidelines. If the applicant defaults in any obligation under this Contract, CPPDA shall be entitled to apply any or all of the security toward CPPDA’s costs and damages. The applicant will remain liable to CPPDA for any costs or damages in excess of the bond amount incurred by CPPDA as a result of applicant’s default.
E. COMPUTATION OF COST AND RETURN OF BOND: All bond monies received in the form of a certified check or cash will be deposited by CPPDA within three (3) business days of receipt. A damage assessment will be made immediately following the Move Out Date for the Special Event. Accounting of charges incurred as a result of the Special Event will be completed by CPPDA within thirty (30) days following the Move Out Date for the Special Event. Any costs accruing to CPPDA will be itemized and deducted from the bond. A check for the balance, or, if necessary, a Bill for Collection for costs exceeding the bond amount, will be sent to the applicant.
In the case of an irrevocable letter of credit, charges will be billed within thirty (30) days after the Move Out Date for the Special Event, together with an itemized accounting of charges, and a release of the letter of credit will be issued when charges are paid in full.
F. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT AND LIABILITY INSURANCE:
1) The applicant agrees to save, hold harmless, and indemnify CPPDA and its contractors and subcontractors, and their respective directors, officers, employee, and agents, from any and all claims, demands, causes of action, damages, expenses, losses, or liabilities for damage to, or loss of, property, or injury or death to persons resulting directly or indirectly from, or attributable to, the applicant’s or its participants’ or service providers’ use of property managed by CPPDA. Notwithstanding any provision in this agreement to the contrary, the applicant will not save, hold harmless, or indemnify CPPDA or the other named, indemnified parties from any liabilities, cost, expenses, or damage caused by the indemnified party’s negligence, omission, or misconduct.
2) The applicant must procure a public and employee liability insurance policy from a responsible company with a minimum limitation of $1,000,000 per person for any one claim and an aggregate limitation of $3,000,000 for any number of claims arising from any one incident. CPPDA may increase the required amounts in its discretion as deemed necessary. In addition to being a certificate holder, CPPDA shall be included as an additional named insured on all such policies. All policies shall specify that the insured shall have no right of subrogation against CPPDA for payments of any premium or deductible thereunder and such insurance policies shall be obtained by, be for the account of, and be at the insurer’s sole risk.
The applicant must furnish documented evidence of its insurance coverage to CPPDA at least thirty (30) days in advance of the set up date, if applicable, or otherwise the opening date, of the Special Event. Proof of liability insurance coverage shall be in the form of a certificate, policy rider, or binder, and identify CPPDA as:
Canal Place Preservation and Development Authority
13 Canal Street, Room 301
Cumberland, Maryland 21502
G. PROVISION OF SUPPORT BY CPPDA: CPPDA cannot provide planning or sponsorship of any event in any manner, and cannot provide logistical support items, such as chairs, tents, portable toilets, portable utilities, water hoses, sound systems, or extension cords. If required, these items may be rented from commercial sources.
If accessible utility connections (water or electricity) exist on site, these utilities upon request will be made available at the connection for the duration of the Special Event. Capacities of some of these existing systems are limited and may not be sufficient to satisfy all of the needs of the Special Event. If such utilities are requested, existing electric outlets may be used. Additional power outlets may be obtained only through installation by a licensed electrical contractor and only with the approval and consent of CPPDA. All additional electrical installation costs will be the responsibility of the applicant. Questions concerning available utilities should be directed to CPPDA. All such costs associated with the Special Event will be the responsibility of the applicant.
H. SITE PLAN: If the applicant intends to place tents, stages, or any other type of structure on the site, erect banners or signs, drive stakes, or perform any digging or trenching on CPPDA managed property, a complete site plan must be submitted to CPPDA at least thirty (30) days in advance of the set up date, if applicable, or otherwise the opening day, of the Special Event. No construction or site work may begin without prior official approval of the application and other applicable or required documents.
I. PARKING AND DELIVERY OF MATERIALS TO SITE: Vehicles may not be driven on turf, parked on any turf areas, or driven or parked on the bricked areas without prior approval of CPPDA. Permission may be granted to allow a limited number of vehicles to transport materials and equipment too heavy to hand-carry. No vehicles shall be driven on the turf within 72 hours after substantial rainfall or if the ground is determined by CPPDA to be too soft to allow vehicular traffic without undue damage.
J. COMFORT FACILITIES, GLASS CONTAINERS: If attendance is expected to exceed the capacity of nearby public comfort facilities, or if none exist, the applicant must provide portable, temporary toilets with sufficient capacity to accommodate anticipated attendance. A contract to provide such facilities must be submitted to CPPDA at least thirty (30) days in advance of the set up date, if applicable, or otherwise the opening day, of the Special Event. Portable, temporary toilets must be removed from the site within 24 hours after the end of the Special Event.
No glass beverage containers are permitted on CPPDA managed property.
K. SIGNS AND ADVERTISING: Donors or sponsors of Special Events may be recognized in any signage for the Special Event, but the method of recognition must be in keeping with, and appropriate to, the scale and theme of the Special Event, and approved in advance by CPPDA.
Only signs or banners which specifically identify or announce the Special Event or portion of the Special Event may be permitted. Commercial sponsors may be recognized on such signs or banners by letters or logo not to exceed one-third the height and width of the primary lettering identifying the Special Event or portion of the Special Event. The overall size and design of any signs or banners shall be appropriate to the setting, as determined by CPPDA. Signs and banners may not be affixed to existing trees, shrubbery, or other facilities or structures. All sign and banner placement must be included in the site plan.
L. VENDING AND FOOD SALES: It is the policy of CPPDA that the comfort and convenience of visitors be provided for.
To protect the health of the general public, any foods prepared off-site, must be prepared in an establishment with current State or local Department of Health certification. Each on-site food vending booth or operation must adhere to local rules and regulations by obtaining a Temporary Food Service Vending Permit from the Allegany County Health Department, and this documentation must be displayed at the booth or operation at all times during the Special Event.
Special care and protection of property shall be taken with respect to food preparation and sales (e.g., appropriate handling and disposal of cooking grease, cooking fuel, and all wastes including garbage and trash). PLEASE NOTE: The applicant must remove all cooking grease and cooking fuel from the site.
M. ALCOHOLIC BEVERAGES: If alcoholic beverages will be served or sold at the event, applicant must obtain approval from CPPDA and will need to submit application in advance in sufficient time to allow 60 days for approval. Applicant is responsible for obtaining all necessary governmental permits or licenses and abiding by all laws governing the distribution of alcoholic beverages. It is the responsibility of the applicant to provide for public safety and security if alcoholic beverages will be served or sold at the Special Event.
ON-SITE SUPERVISION: If security personnel or police officers are assigned to provide for public safety, all instructions given by police or security personnel or CPPDA must be obeyed promptly. Failure to comply with all the terms and conditions of these Special Event guidelines shall constitute grounds for cancellation of the license to use the property and immediate termination of the Special Event.
N. CLEANUP AND TRASH REMOVAL: The applicant is responsible for all site cleanup and removal following the Special Event.
Garbage and trash must be picked up and deposited in a dumpster immediately following the last day of the Special Event.
Placement of an appropriately sized dumpster is the responsibility of applicant.
Dumpsters must be removed within 24 hours of the completion of the Special Event.
All areas used by the Special Event must be cleaned and left in the same condition as prior to the Special Event.
O. NON-DISCRIMINATION: The applicant acknowledges that the applicant will not discriminate in any manner in the use of CPPDA property on the basis of race, color, religion, creed, age, sex, marital status, sexual orientation, national origin, ancestry, or physical or mental disability, and will comply with any applicable requirements of the Americans with Disabilities Act.