150-25 2025 YMCA of Montclair Pool Usage Contract with West Orange.pdf

LICENSE AGREEMENT FOR LIMITED USE OF POOL FACILITIES THIS AGREEMENT, effective June 1, 2025 upon full execution by all parties, between: Township of West Orange, as Licensor (""Township" or "Licensor") and The YMCA of Montclair, as Licensee ("Montclair Y" or "Licensee") WHEREAS, the YMCA of Montclair 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 60% Cherry Street, West Orange, New Jersey ("Pool Facility"); and WHEREAS, the YMCA of Montclair is desirous of using West Orange’s outdoor swimming pool and changing room facilities for swim practices. 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 June 1, 2025 ("Effective Date"). This Agreement shall not be effective until the Township r 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. 1V 25 Description of Agreement Premises. The premises licensed by lownship to Licensee includes the pool and locker rooms located at 60 % Cherry Street in the Township of West Orange, New Jersey ("Premises"). 3% Term. The term of this Li shall be for four (4) months, beginning on June 1, 2025 through August 31, 2025. The Director of Recreation reserves the right to terminate this contract at any time at his/her sole discretion. 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, Wednesday, Thursday, Friday beginning no earlier than June 1, 2025 and ending no later than August 31, 2025. There shall be no access on July 4". 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

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. IRE 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. Licensce 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. Is. Payment. An initial payment of $2,000 shall be due to the Township by no later than June 1, 2025. The remaining balance, the amount of which will be presented to the Licensee by the Township by no later than September 15, 2025, shall be due to the Township by no later than October 15, 2025. 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 sce terminate this Agreement. Lic r9, 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,

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. we

IN WITNESS WHEREOF. the parties have hereunto executed this Agreement. YMCA of Montelair 5/19[ 2025 le Dated: Signed: F kyLéL Henney SF TOWNSHIP OF WEST ORANGE Dated: Signed: wn