112-10 - agreement

112-10 May 25, 2010 LICENSE AGREEMENT FOR LIMITED USE OF POOL FACILITIES THIS AGREEMENT, effective May ___, 2010 upon full execution by all parties, between: Township of West Orange, as Licensor ("Township" or "Licensor") and The Montclair YMCA, as Licensee ("Montclair Y" or "Licensee") WHEREAS, the Montclair Y runs a competitive swimming program in the summer and requires pool time for the same; and WHEREAS, the Township owns a certain outdoor pool and surrounding facility in the Township located at 60½ Cherry Street, West Orange, New Jersey ("Pool Facility"). WHEREAS, the Montclair Y is desirous of using West Orange’s outdoor swimming pool and changing room facilities; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. License Date and Effective Date of Agreement. This License is made with an effective date of May ___, 2010 ("Effective Date"). This Agreement shall not be effective until the Township receives a copy of this Agreement executed by the President of the Board of Trustees or Executive Director of Licensee and the required insurance certificate approved by the Township Attorney along with a Resolution evidencing approval by the Licensor's Township Council. 2. Description of Agreement Premises. The premises licensed by Township to Licensee includes the pool and locker rooms located at 60 ½ Cherry Street in the Township of West Orange, New Jersey ("Premises"). 3. Term. The term of this License shall be from May 26, 2010 through August 20, 2010. 4. Licensee's Use. Licensee shall use the Premises for swim practices and not for any other use. The hours of use will be 6:00 a.m. until approximately 7:45 a.m. Monday through Friday. Assigned days and hours are subject to change during the period of this agreement if West Orange activities mandate such change. In the event of a conflict with a Township activity where pool and changing room use is required, the Township shall contact the Senior Aquatics Director of the Montclair Y as soon as the conflict is evident. No alternate arrangements need be made. 5. Fee and Insurance. A fee shall be payable in the amount of $60.00 per hour plus the expense of an assistant manager or other authorized individual employed by the Township who must be onsite at all times during Licensee's use of the Premises. Licensee agrees to maintain public

us the expense of an assistant manager or other authorized individual employed by the Township who must be onsite at all times during Licensee's use of the Premises. Licensee agrees to maintain public liability insurance naming itself and Township as named insured in an amount not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000)