Document Text
--- Document: Facilities use Application Document ---
BOROUGH OF CAPE MAY POINT
POST OFFICE BOX 490
CAPE MAY POINT, NJ 08212
(609) 884-8468 / FAX: 609-884-1732
www.capemaypoint.org
Elaine L. Wallace, RMC, CMR
Borough Clerk
Robert J. Moffatt, VMD
Mayor
Commissioner Public Safety
& Public Affairs
Anita vanHeeswyk
Deputy Mayor
Commissioner Revenue & Finance
Catherine Busch
Commissioner Public Works,
Parks & Public Property
Edmund Grant
Borough Administrator
Dear Facility User,
Please be advised the Borough of Cape May Point has requirements by ordinance for
use of Borough property.
1. $50.00 administration fee – non-refundable
2. $250.00 security deposit – refundable
3. Certificate of Insurance naming the Borough of Cape May Point as “Additional
Insured”, with General Liability minimum of $1,000,000.00.
4. PROPERTY MUST BE LEFT IN ITS ORIGINAL CONDITION.
• All trash must be disposed of properly
• Anything used for the event, decorations, and all personal property, etc.
must be removed at the end of the event.
• All chairs and other equipment shall be carried in and set up by hand. No
dollies, carts, trucks or motorized vehicles of any kind may be used.
• If a fire on the beach is requested and approved, it must be in a container
and all embers must be extinguished and disposed of properly and safely.
Also, area must be totally clean of all debris at the end of the event.
• The Borough will not be responsible for any personal property left at the
facility.
• If event takes place on the beach or outside on Borough property, all
grounds must be undisturbed and left in its original condition
• If event takes place at Pavilion Circle and includes tents, or stakes need to
be driven for any purpose including signs, applicant must contact Public
Works (609-884-1454) to have irrigation and utility lines marked out in
advance. Repair of any damage to lines will be charged to the applicant.
Failure to comply with the above requirements will result in the forfeiture of your
$250.00 deposit.
If you have any questions, please feel free to contact the Municipal Clerk at (609) 884-
8468 ext. 12 or via email at ewallace@capemaypoint.org
Respectfully,
The Borough of Cape May Point
Proud to be a Designated Coast Guard Community!
FACILITIES USE APPLICATION
APPLICANT:
Address:
Telephone: (H) ________________ (C) _________________ (W) _________________
Person Responsible/Event Coordinator:
Title:
Email:
Mailing Address (if different):
Name and Location of Facility/ies (Attach route/map if not limited to a single location):
Purpose of Event:
Date of Event:
Number of people to attend (limited to 100):
Hours (limited to 4 hours including setup/breakdown): start
end
Are you requesting a fire permit? Yes ____ No ____
Will there be equipment such as a tent/canopy, chairs, etc. at the event? Yes ____ No ____
If yes, attach drawing of location and type of equipment to be used.
Will there be music or amplified sound? Yes ____ No ____ If yes, attach drawing of location and
type of speakers and amplifying devices to be used.
Will vehicles be part of event? Yes ____ No ____ If so, number & type? ____________
Will there be signs? Yes ___ No ___ If yes, provide type, size, description & location.
Is there a charge/admission fee to participate? Yes ____ No ____ Amount
Will juveniles be present? Yes ____ No ____ If Yes, what ages? __________
If juveniles will be present, Applicant must submit the names, addresses, and telephone
numbers of chaperones prior to event.
By signing this application, the applicant agrees to abide by all Borough regulations, particularly
those found in Resolution 92-13, and Borough Code Ch. 58-12, Ch. 107 Article II, and Ch. 120-1.
APPLICANT: ___________________________________ DATE: _________________
(Signature)
Return the following with this application:
o signed Indemnification and Hold Harmless Agreement
o signed Municipality Use of Facilities Agreement
o $50 check for non-refundable fee
o $250 check for security deposit (refundable)
o certificate of insurance.
Note: Cape May Point has the right, in its sole discretion, to deny, limit, or revoke the use of requested facility/ies when
in the opinion of the Municipality the use presents a risk of unreasonable injury to persons or damage to property
of the Municipality or others.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
Applicant:
Activity/Event:
Date of Activity/Event:
Location of Activity/Event:
The above referenced APPLICANT shall indemnify, save harmless and defend the Borough of
Cape May Point, its elected and appointed officials, its employees, agents, volunteers and others
working on behalf of the Borough of Cape May Point, from and against any and all claims,
losses, costs, attorney’s fees, damages, or injury, including death, and/or property loss, expense
claims or demands arising out of or caused or alleged to have been caused in any manner by or
arising out of the above referenced ACTIVITY/EVENT, including all suits or actions of every
kind or description brought against the Borough of Cape May Point, either individually or jointly
with APPLICANT, for or on account of any damage or injury to any person or persons or
property, caused or occasioned or alleged to have been caused by, or on account of, the use of
Borough-owned property or facilities by APPLICANT, or through any negligence or alleged
negligence in safeguarding the area, or through any act, omission or fault or alleged act, omission
or fault of APPLICANT, its agents or assigns.
APPLICANT further certifies that it/they shall obtain and maintain liability insurance in the
minimum amount of $1,000,000 and further, to list the Borough of Cape May Point as an
additional insured under said Policy, arising out of the use of Borough-owned property or
facilities by them. Said insurance coverage shall be primary and any coverage of the Borough
shall be excess. Proof of such insurance shall be delivered to the Borough Clerk prior to the
commencement of the event hereunder.
Signature
Printed Name
Date:
USE OF FACILITIES AGREEMENT
The Borough of Cape May Point, a Municipality of the State of New Jersey, hereinafter referred
to as “MUNICIPALITY”, hereby agrees to allow
______________________________________________ (Name of Person(s) or Organization)
hereinafter referred to as “USER”, to use the facilities listed below:
Name and Location of FACILITY(IES):
_____________________________________________________________________
_____________________________________________________________________
hereinafter referred to as “FACILITY(IES)” for the purpose stated in the application
on the following date(s): _________________________________________________
The above USER shall inspect the described FACILITY (IES) prior to the use of the
FACILITY (IES) and report any defective, hazardous or dangerous conditions found at the
FACILITY (IES) to the Borough Clerk’s Office at (609) 884-8468, ext. 12, and USER shall
immediately cease the use of the FACILITY (IES) until such defective, hazardous or dangerous
conditions are remedied. After the use of the FACILITY(IES), USER shall immediately report
to the MUNICIPALITY any and all defects, hazards, damages or dangerous conditions upon or
adjacent to the FACILITY(IES).
Indemnification
USER shall indemnify, save harmless and defend the MUNICIPALITY, its elected and
appointed officials, its employees, agents, volunteers and others working on behalf of the
MUNICIPALITY, from and against any and all claims, losses, costs, attorney’s fees, damages,
or injury including death and/or property loss, expense claims or demands arising out of USER’s
use of the named Facilities, including all suits or actions of every kind or description brought
against the MUNICIPALITY, either individually or jointly with USER for or on account of any
damage or injury to any person or persons or property, caused or occasioned or alleged to have
been caused by, or on account of, any of the activities conducted by or caused to be conducted by
USER, or through any negligence or alleged negligence in safeguarding the FACILITY(IES),
participants, or members of the public, or through any act, omission or fault or alleged act,
omission or fault or alleged act, omission or fault of the USER, its employees, agents,
volunteers, subcontractors or others under the direction, control or under any contractual
relationship with the USER.
Insurance
Notwithstanding the indemnification and defense obligations of the USER, USER shall purchase
and maintain such insurance described in the attached schedule and as is appropriate for the type
of use and hazards present and as will provide protection from any and all covered claims which
may arise out of or caused or alleged to have been caused in any manner from USER’s use of the
FACILITY(IES), whether it is to be used by the USER, its employees, agents, volunteers,
subcontractors or others under the direction, control or under any contractual relationship with
the USER or by anyone for whose acts any of them may be liable.
USER shall be required to name the MUNICIPALITY as an “Additional Insured” on the
USER’s policy of commercial general liability insurance, and simultaneously with the delivery
of the executed Use of Facilities Agreement, USER shall provide the MUNICIPALITY with a
Certificate of Insurance indicating that the insurance coverage as described in the attached
schedule, and as is appropriate for the type of use and hazards present, has been obtained and
that the MUNICIPALITY has been designated as an “Additional Insured” where required. On
or before the renewal date of said policy, USER shall be required to provide the
MUNICIPALITY with a Certificate of Insurance indicating the continuation of insurance
coverage and designating the MUNICIPALITY as an “Additional Insured” for the duration of
this agreement.
The schedule of insurance and the limits of liability for the insurance shall provide coverage for
not less than the amounts listed in the attached schedule or greater where required by law.
USER signatures:
MUNICIPALITY signatures:
_________________________________
_________________________________
Name
Elaine L. Wallace, Borough Clerk
_________________________________
_________________________________
Witness
Witness
SCHEDULE OF INSURANCE*
Notwithstanding the indemnification and defense obligations of the USER, the USER shall
provide at its own cost and expense proof of the following insurance to the
“MUNICIPALITY”:
General Liability including Products & Completed Operations Insurance
with a minimum combined single limit of liability per occurrence for bodily injury
and property damage of one million ($1,000,000) dollars* with a minimum annual
aggregate of two million ($2,000,000) dollars*.
MUNICIPALITY shall be named as an “Additional Insured”.
Failure by the USER to supply such written evidence of required insurance and to maintain
same for the duration of this agreement shall result in default of this agreement and USER
shall be prohibited from using said FACILITY (IES).
The insurance companies for the above coverage must be licensed by the State of New Jersey
and acceptable to the MUNICIPALITY. The USER shall take no action to cancel or
materially change any of the insurance required under this Contract without the
MUNICIPALITY’s prior approval. The maintenance of insurance under this section shall
not relieve the USER of any liability greater than the limits or scope of the applicable
insurance coverage.
* Above insurance schedule to be prepared in consultation with your Risk Management
Consultant as recommended within the JIF Certificate of Insurance Guidelines. Depending
on the use of your FACILITY(IES), your RMC may recommend that “Liquor Liability or
Host Liquor Liability” coverage be provided by USER. For certain uses, it may be
recommended that coverage for ”Spectators” and/or “Athletic Participants” be required or
that Sports Accident coverage be maintained by the USER.
CONDITIONS FOR SPECIAL EVENTS
(per Borough Code and Resolution 93-13)
1. Sites Available - Special events may only be held at the following locations:
a) Cape May Point Pavilion Circle;
b) Cape May Point beaches, beach platforms; or
c) Any other site approved by resolution of the Borough Commissioners.
Please be aware that these are public areas and are not closed to the general public during your
event.
2. Duration - No special event shall exceed four (4) hours including all set-up, breakdown, and
cleanup of materials unless specifically otherwise authorized by resolution of the Borough
Commissioners. No event shall take place after sunset without the express approval by
resolution of the Borough Commissioners. Breakdown and cleanup, however, may continue
after sunset if completed within the allotted four (4) hours.
3. Size and person capacity - A maximum of one-hundred (100) participants and guests with a
maximum of 100 chairs (which shall be confined within a reasonably compact area wherein the
chairs are to be positioned) shall be permitted.
4. Maintenance and Provisions for a “Low Impact” event
a) All chairs and other equipment shall be carried in and set up by hand (no dollies, carts,
trucks or motorized vehicles of any kind).
b) There shall be no damage or disturbance to any grass, dune or other natural features.
c) If tents are to be used or stakes need to be driven for any purpose, including signs, in
Pavilion Circle, applicant must contact Public Works (609-884-1454) to have irrigation
and utility lines marked out. Any damage to the irrigation system will be charged to the
applicant.
d) The use of chairs that have flat or weight-dispersing legs is strongly encouraged. The
use of wheelchairs is permitted, however, access shall be made only via designated
handicapped access.
e) All personal property and items used for the event must be removed at the conclusion of
the event.
5. Parking
a) For ceremonies at Pavilion Circle two sets of traffic cones may be placed on the inside
roadway lane (the immediate perimeter) of the Pavilion Circle to facilitate the parking of
two event-related vehicles (limousines, horse carriages, etc.) as close as possible to the
ceremony location within the circle.
b) All other cars, regardless of the site of the event shall park as per the parking regulations
and signage around Cape May Point.
6. Noise – no unnecessary noise (as defined in CMP Code Ch. 120-1*) may emanate from the
event.
7. Other Conditions
a) There shall be no release of: birds, butterflies, other living creatures, or balloons. This is
very important to maintaining the natural ecology of the Point.
b) Alcoholic beverages are not permitted on any public property in the Borough.
c) The use of rice is not permitted, but small amounts of bird seed or other bio-degradable
materials are allowed.
d) Special events taking place on Cape May Point beaches are subject to the regulations
contained in Chapter 58-2 Beaches, Prohibited Acts.*
e) Activities occurring on Borough property are subjected to all Borough regulations,
particularly those found in Chapter 120-1 Peace and Good Order, Prohibited Acts.*
* The Borough Code can be found at: https://ecode360.com/CA0524