139-24 Exhibit - Montclair YMCA for Use of the Ginny Duenkel Pool - 2024.pdf

employees, agents and representatives shall be free of any criminal charge or conviction having any impact upon their ability to work with or be in the vicinity of minors. 11. Lifeguard: A fully certified lifeguard shall be present at all times. The Licensee will pay all costs for providing the lifeguard and shall reimburse West Orange for the utilization of a West Orange staff lifeguard. 12. Repairs. Township will make all necessary repairs to the Premises at Township's expense except when the repairs are caused by the misuse or neglect by Licensee or by persons under Licensee's control or on the Premises at Licensee's invitation, in which even, Licensee shall make those repairs at Licensee's own expense. Licensee shall surrender the Premises in the same condition as they were at beginning of the term, reasonable wear and tear excepted. 13. Improvements. Licensee shall not cause any improvements, renovations or other work to be done at the Premises. All of Licensee's personal property shall be removed by Licensee on a daily basis upon the completion of Licensee's hours of use hereunder. 14. Abandoned Property. All of Licensee's property remaining on the Premises shall be deemed abandoned and the sole property of the Township. 15. Payment. An initial payment of $2,000 shall be due to the Township by no later than May 1, 2024. The remaining balance, the amount of which will be presented to the Licensee by the Township by no later than September 15, 2024, shall be due to the Township by no later than October 15, 2024. 16. Services. The Township shall provide no services for Licensee's use except as specifically provided herein. Licensee agrees to place all garbage in a designated area. Township agrees to maintain the electrical, plumbing, HVAC and structural systems on the Premises. 17. Damage to Building. If the Premises are damaged by fire or any other cause, then Township may, give Licensee notice of election to terminate this Agreement. 18. Township May Terminate. If Licensee defaults in the performance of any covenant or condition of this Agreement, Township may, on written notice to Licensee terminate this Agreement. 19. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be properly given only if delivered

on written notice to Licensee terminate this Agreement. 19. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be properly given only if delivered personally, telecopied, or mailed by registered or certified mail, return receipt requested, addressed (a) if to Licensee, at the above indicated location; (b) if to Township, at Township’s address set out in this Agreement; or (c) at such addresses as Licensee or Township from time to time may designate in writing. Notice shall be deemed to have been given upon delivery if delivered personally, and if mailed, upon the third day after the date of mailing. 3