Fillable Commercial Operator Permit Application (City of Duluth)

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Commercial Operator Permit Application (City of Duluth)

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CITY OF DULUTH PARKS & RECREATION DIVISION
Commercial Operator Permit Application
Business Name:
Contact Person:
Address : City:
State:
Zip:
Phone Contact (24hr Access):
Email Address:
Website Address:
PERMIT TYPE
Annual Permit
☐ Resident: $500
☐ Non Resident: $750
One Month Permit (31 days): Start Date End Date
☐ Resident: $150
☐ Non Resident: $200
One Time Permit: Event Date
☐ $50 (one day event per calendar year)
TYPES OF SERVICES OFFERED: (include descriptions of offerings, cost, targeted customers, equipment to be used in
park unit, frequency, etc.)
FOR OFFICE USE ONLY:
Application Received:
Certificate of Insurance Received: Expiration Date:
Year End Report Received:
PERMIT FEES, REQUIREMENTS AND RULES
Permit Fee Options
• Annual Permit Rates
o $500 per calendar year for Duluth residents; $750 per calendar year for non-
residents
• Monthly Permit Rates
o $150 per month for Duluth residents; $200 per month for non-residents
• One Time Permit Rate
o For one day event per calendar year; $50 residents; $75 non-residents
• Fees are not pro-rated, refundable, or transferable.
Commercial Operator Application Requirements
Applicant must provide documentation of the following prior to application approval:
Completed and signed application form
Certificate of insurance meeting the requirements of the City of Duluth, as stated within this packet.
Execute “Defense, Indemnity and Hold Harmless Agreement”
Permit Requirements
• A City authorized permit is required to conduct commercial operations for compensation in parks pursuant to
o Sec. 35-9(a)(2) of the Duluth City Code.
• All permittees will be required to provide a yearend report by December 15 showing the following
information:
o Total quantity of classes or tours that were put on during that calendar year.
o Total quantity of participants that attended the permitted offerings.
o List of Parks infrastructure that were used for the permitted offering.
• Permittee must have a copy of the permit in their possession during each use to enforce its privileges.
Permit Rules
1. Definitions:
• Commercial Operations – Sec. 35-9(a)(2): No commercial enterprise of any kind, including those involving the
sale or leasing of any personal property or service, shall be allowed in any public park without a permit. The
director of parks and recreation may impose reasonable restrictions on hours of operation, types of goods or
services sold or leased, stands and other physical apparatus used, and any other aspect of the operation he
deems necessary to restrict. Such permits shall grant only nonexclusive use of park space.
• Commercial Operations permittees will be granted non-exclusive use of Parks infrastructure for the purposes of
offering fitness classes, tours, athletic instruction, boot camps, and other similar activities. This permit does not
extend to use of pavilions. Should you wish to use a pavilion you can do so under the Special Event permitting
structure.
2. Commercial operations may be conducted in any official City park or trail between the hours of 6AM – 10PM, except
for the following:
• Lakewalk: Due to construction in 2020, no commercial use is permitted from the Pier to Endion Plaza Park and
intermittently there may be construction projects between Brighton Beach and Endion Plaza Park.
• Endion Plaza Park: Due to construction on Lakewalk in 2020, no commercial use is permitted.
• Lincoln Park and Brighton Beach Park: Will be closed at various times during 2020 for construction. Inquire with
the Parks Permit Coordinator for official closing dates.
• Munger Trail: Operated by MN DNR
• Snowmobile Trails
• Community Centers: These City of Duluth facilities require a Building Rental Permit.
3. It is understood that Commercial Operations Permittees shall relocate to accommodate any permitted private
wedding, or special events or any City sponsored activity.
4. Applications will be accepted for review starting December 1 for the following year. Applications must be submitted
no later than 30 days prior to permit use. Applications will be approved or declined based on guidelines met and
previous years track record (if applicable).
5. Permits issued for Commercial Operations may be revoked if Permittee fails to:
• Maintain current and valid proof of insurance satisfying the requirements set forth below;
• Maintain any and all state or local licensure applicable to permitted operations; and
• Demonstrate conduct of a professional manner and upholding of the guidelines of this permit.
6. A Commercial Operations Permittee shall keep a copy of its City-issued Permit on site during permitted operations,
and shall make the Permit available for inspection by City staff upon request.
7. Permittee shall follow City staff instructions in relocating commercial operations in order to avoid damage to City
property and facilities, and to avoid interference with any ongoing maintenance activities.
8. Prohibited:
• Permittee shall not vend or sell goods or services within City parks or trails, other than the cost of the fee to
participate in the activity for that session.
• Permittee shall not use any park equipment or infrastructure for its non-intended use. This includes, but is not
limited to, light poles, playground equipment, drinking fountains, public art, bleachers, pavilions, picnic tables,
benches, railings, fencing, signs, bike racks, and barbeque grills.
• Permittee shall not place any equipment or object used for fitness or athletic activity weighing more than
twenty-five pounds within any City park.
• Permittee shall not store athletic, sports or other equipment within any park unless otherwise lawfully
authorized to do so.
• Permittee shall not use any form of sound amplification equipment, boom boxes, bullhorns, or whistles. If
sound amplification is desired, the Permittee must acquire a Special Event Permit pursuant to Duluth City Code
Sec 35-9(a)(3).
• Permittee shall not use their commercial operations permit to do joint business events with non-approved
commercial operators.
• Commercial Operation permits are not to be used for special events. It is the intent that these permits are
being used for day-to-day commercial offerings, not larger scale singular events. Larger scale is defined as more
than 20 people in attendance. If regularly scheduled commercial events of more than 20 people are expected,
approval will be required by the Parks and Recreation Manager. If commercial operators are found to be doing
special events under this permit they may have their permit revoked, under the discretion of the Parks and
Recreation Division Manager.
INSURANCE, INDEMNITY AND REVOCATION AGREEMENT BETWEEN
[PERMITTEE]
AND THE CITY OF DULUTH
THIS AGREEMENT (“Agreement”) is made by and between the CITY OF DULUTH, a municipal corporation under the laws
of the State of Minnesota (“the City”), and [PERMITEE] (“Permittee”), a [ENTITY TYPE] (referred to collectively
hereinafter as “the Parties”). This Agreement shall be effective as of the date of execution by Permittee’s duly
authorized agent below.
WHEREAS, Permittee requests issuance of a Commercial Operations Permit (“Permit”) from the Director of the
City’s Parks Division (“the Director”) to conduct commercial activities using City property and facilities; and
WHEREAS, pursuant to the authority granted by Duluth City Code Sec. 35-9(a)(2), as may be amended, the
Director may issue the Permit upon confirmation that Permittee has satisfied all requirements relating to the proposed
activity, including (a) maintenance of an adequate policy of insurance, naming the City as an additional insured and,
satisfying the terms and limits set forth below, and (b) execution of this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties
hereto agree as follows:
ARTICLE I – INSURANCE
1.1 Permittee shall procure and maintain continuously in force Public Liability Insurance written on an "occurrence"
basis under a Comprehensive General Liability Form in limits of not less than One Million Dollars and No/100s
($1,000,000.00) per occurrence for personal bodily injury and death, and limits of One Million Dollars and No/100s
($1,000,000.00) for premises damage liability. If person limits are specified, they shall be for not less than One Million
Dollars and No/100ths ($1,000,000.00) per person and be for the same coverages. The City shall be named as an
additional insured on the policy. Insurance shall cover:
Public liability, including premises and operations coverage;
Personal injury;
Owned, non-owned and hired vehicles; and
Contractual liability covering the indemnity obligations set forth herein;
1.2 Requirements for All Insurance.
All insurance required shall be taken out and maintained through responsible insurance companies organized under the
laws of the states of the United States and licensed to do business in the State of Minnesota.
1.3 Representations; Certificates of Insurance.
The City does not represent or guarantee that these types or limits of coverage are adequate to protect Permittee’s
interests and liabilities. Permittee shall provide a Certificate of Insurance evidencing such coverage with 30-days’
notice of cancellation, non-renewal or material change provisions included and shall further provide that failure to give
such notice to the City will render any such change or changes in said policy or coverages ineffective as against the City.
ARTICLE II – HOLD HARMLESS AND INDEMNITY
2.1 Permittee shall defend, indemnify and hold harmless the City, its officers, agents and employees from any and
all claims, suits, demands, liability, judgments, costs, damages and expenses, including attorneys’ fees, resulting from or
arising out of the activities of Permittee or its employees, agents, volunteers, invitees or attendees associated with
Permittee’s use of City property or facilities in connection with the Permit referenced herein. Upon ten (10) days
written notice, Permittee will appear and defend all claims and lawsuits against the City growing out of any action with
respect to which Permittee is required to indemnify the City.
ARTICLE III – PERMIT SUSPENSION, REVOCATION, PENALTIES, & ENFORCEMENT
The director of parks and recreation or the authorized designee may suspend or revoke this permit for any violation of
the conditions of this permit, Chapter 35 of the Duluth City Code, or any other applicable local, state, or federal law.
Pursuant to Section 31-3(a) of the Duluth City Code, the city may further deny issuance of any subsequent permits until
all applicable Duluth City Code or permit requirements are met, and any fees, charges, penalties or other debts or
obligations to the city are satisfied, except as may be waived pursuant to Section 31-3(b) of the Duluth City Code.
Any person violating any provision of Chapter 35 or other applicable provision of the Duluth City Code while engaging in
a commercial enterprise pursuant to this permit shall be guilty of a misdemeanor and may be cited and fined as
provided in Section 1-7 or Section 12-6 of the Duluth City Code.
Notwithstanding the grant of this permit, any violation of its terms, Chapter 35, or other applicable provision of the
Duluth City Code is deemed a per se public nuisance authorizing the city to seek abatement through injunctive relief or
any other appropriate remedy from a court of competent jurisdiction. All city approvals and permits shall be suspended
until abatement of the nuisance condition(s).
Notwithstanding the grant of this permit, nothing shall preclude the city from concurrently seeking enforcement of any
provision of the Code by criminal prosecution or administrative fine.
I, as the duly authorized representative with authority to bind the Permittee, certify that the information submitted on
this application is true and correct and that I have read, understand, and agree to abide by all Permit requirements,
rules or other conditions stated herein. I agree that, if the Permittee violates or otherwise fails to abide by all Permit
requirements, the City may, at its discretion, direct the Permittee to leave the permitted premises, suspend or revoke
the Permit, or pursue any other appropriate remedy available under State or local law.
Permittee Signature Date
Print Name
Title
DATA PRACTICES ACT:
All data collected, created, received, maintained or disseminated as part of this application and permitting process shall
be governed by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.01 et seq. (“the Data
Practices Act”). The data collected is public and is available upon request to the general public. It is being collected to
determine your eligibility for a City of Duluth Parks and Trails Commercial Operations permit and to administer the
permit. Furnishing the information is voluntary, but if you refuse to supply the requested information, we may not be
able to process your permit application.
SEND APPLICATION TO
Department of Public Administration – Parks and Recreation Division
Attn: Chris Severson – City Hall (Ground Floor) – 411 West 1
st
Street – Duluth, MN 55802-1198
QUESTIONS: Call 218.730.4305 or email cseverson@duluthmn.gov
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signature
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GENERAL USE INFORMATION
What space(s) do you anticipate using?
PARKS (select all that apply)
☐ Blackmer Park
☐ Boy Scout Landing
☐ Brewer Park
☐ Brighton Beach
☐ Cascade Park
☐ Chambers Grove
☐ Chester Park
☐ Congdon Park
☐ Duluth Heights
☐ Endion Plaza Park
☐ Enger Park
☐ Fairmont Park
☐ Fond du Lac
☐ Franklin Square
☐ Gichi-ode’ Akiing (Lake Place Park)
☐ Grant Park
☐ Grassy Point/Trail
☐ Harrison Park
☐ Hartley Park
☐ Hawk Ridge
☐ Irving Park
☐ Lafayette Park
☐ Leif Erikson
☐ Bayfront Playfront
☐ Lester Park
☐ Lincoln Park
☐ Magney-Snively
☐ Memorial
☐ Merritt
☐ Morely Heights
☐ Morgan Park
☐ Munger Landing
☐ Norton Park
☐ Observation Park
☐ Old Main Park
☐ Park Point
☐ Piedmont Park
☐ Portland Square
☐ Portman Park
☐ Quarry Park
☐ Rices Point Landing
☐ Riverside Park
☐ Rose Garden
☐ Sister Cities Park
☐ Twin Ponds
☐ Web Woods
☐ Other:
TRAIL SYSTEMS (select all that apply)
☐ Amity Trail
☐ Antenna Farm/Ob Hill
☐ Brewer Park
☐ Chester
☐ Cross City Trail
☐ DWP Trail
☐ Grassy Point
☐ Hartley
☐ Hawk Ridge
☐ Kingsbury Creek
☐ Lakewalk
☐ Lester
☐ Magney-Snively
☐ Mission Creek
☐ Park Point
☐ Piedmont
☐ Western Waterfront
What month(s) do you anticipate using the park facilities? (select all that apply)
☐ January
☐ February
☐ March
☐ April
☐ May
☐ June
☐ July
☐ August
☐ September
☐ October
☐ November
☐ December
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Commercial Operator Permit Application (City of Duluth)

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Completed 3 August 2020

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