Fill and Sign the Agreement Use Property Form

License Agreement Between City and Non-Profit Corporation to use Real Property for Baseball Fields and General Recreation for Young People and Families License Agreement made on the ___ day of __________, 20___, between the City of ___________________________ , _________________ (Name of State), a municipal corporation of said State, referred to herein as Licensor and ____________________________ , a non-profit corporation organized and existing under the laws of the state of ______________, referred to herein as Licensee. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Grant of License Licensor hereby licenses to Licensee for a term of years, the property described as follows: ________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Legal description) Licensee is granted this license for the purpose of constructing baseball field and general recreation facilities for the use by young people, families, and any resident of Licensor. This license is granted subject to the terms and conditions contained in this Agreement. The term of this license shall be for a period of ________ (number) years commencing on ___________ (date) . I I. License Fee Licensee shall pay to Licensor an annual fee of One Dollar. Licensee shall also pay Licensor on demand any sum that may have to be expended after the expiration, revocation or termination of this license in restoring the premises to its original condition. III. Condition of Property Licensee has inspected and knows the condition of the property, and it is understood that the property is hereby licensed without any representation or warranty by Licensor whatsoever, and without obligation on the part of Licensor to make any alterations, repairs, or additions to the property. IV. Restrictions on Assignment of License Licensee shall neither transfer nor assign this license or any property on the premises, nor shall Licensee grant any interest or privilege whatsoever in connection with this license without permission in writing from Licensor. V. Reservation of Right of Entry Licensor, its officers, agents and employees, reserves the right to enter the premises at any time and for any purpose. VII. Non-liability of Licensor for Damages for Damage or Injury; Hold Harmless Clause Licensor shall not be responsible for damages to property or injuries to persons that may arise from or be incident to the use and occupation of the property, or for damages to the property or injuries to the person of Licensee. Licensor shall not be responsible for damages to the property or injuries to the person of Licensee = s officers, agents, servants or employees, or others who may be on the property at their invitation or the invitation of any one of them. Licensee shall hold Licensor harmless from any and all claims. VIII. Licensee = s Duty to Protect Property Licensee shall at all times exercise due diligence in the protection of the property against damage or destruction by fire and other causes. IX. Repair or Replacement of Licensor = s Property Any property of Licensor that is damaged or destroyed by Licensee because of Licensee = s use and occupation of the property shall be promptly repaired or replaced by Licensee to the satisfaction of Licensor. Instead of repair or replacement, Licensee shall, if so required by Licensor, pay to Licensor an amount sufficient to compensate for the loss sustained by Licensor by reason of damages to or destruction of said property. X. Compliance with Laws, Ordinances and Regulations Licensee shall comply with all applicable laws, ordinances and regulations of any governmental agency where the licensed property is located, with regard to construction, sanitation, licenses or permits to engage in Licensee = s activities, and any other authorized matter. XI. Restrictions on Construction Licensee shall not construct any permanent structure on the property and shall not construct any temporary structure or advertising sign on it without the prior written consent of Licensor. XII. Payment of Taxes and Assessments Licensee shall pay to the proper authorities, when due, any taxes, assessments and similar charges that, at any time during the term of the license, may be taxed, assessed or imposed on Licensor or on Licensee with respect to or on the property. XIII. Termination This license may be terminated by Licensee at any time by giving to Licensor at least _____ days = notice in writing, provided that in case of termination, no refund by Licensor of any fees previously paid shall be made. XIV. Payment of Utilities Licensee shall pay the cost of producing and supplying any utilities and other services furnished by Licensor for the use of Licensee. Licensor shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by Licensor on bills rendered monthly. XV. Insurance For any period that Licensee is in possession of the licensed property pursuant to the provisions and conditions provided in this license, Licensee shall procure and maintain, at Licensee = s own expense, a standard fire and extended coverage insurance policy on the property to the full insurable value of the policy. Licensee shall procure the insurance from any responsible company. The insurance policy shall provide that in the event of loss, the proceeds of the policy, at the election of Licensor, shall be payable to Licensee to be used solely for the repair, restoration or replacement of the property damaged or destroyed, and any balance of the proceeds not required for the repair, restoration or replacement of the property damaged or destroyed shall be paid to Licensor. In the even t Licensor does not elect, by notice in writing to the insurer within _____ days after the damage or destruction occurs, to have the proceeds paid to Licensee for the purposes set forth above, then the proceeds shall be paid to Licensor, provided that the insurer, after payment of any proceeds to Licensee in accordance with the provisions of the policy, shall have no obligation or liability with respect to the use or disposition of the proceeds by Licensee. Nothing contained in this section shall be considered an obligation on Licensor to repair, restore or replace the licensed property or any part thereof. Licensee shall also provide and keep in force, at Licensee sole expense, for the benefit of Licensee general public liability insurance protecting Licensee against claims for bodily injury or death occurring on or in the premises, for not less than ________________ Dollars with respect to any one accident or disaster, for not less than ________________ Dollars with respect to bodily injury or death to any one person, and for not less than ________________ Dollars with respect to destruction or damage to property. A liability policy or a certificate of insurance covering Licensee and Licensor as their interests may appear shall be deemed a compliance with the provisions of this paragraph. XVI. Restoration of Property on Expiration or Termination On or before the date of expiration of this license, or its termination by Licensee, Licensee shall vacate the premises, remove Licensee = s property from the premises and restore them to as good order and condition as that existing on the date of commencement of the license, normal wear and tear excepted. If this license is revoked, Licensee shall vacate the property, remove Licensee = s property from the premises and restore the property to its prior condition within the time that Licensor may designate, which shall be a reasonable period of time. In either event, if Licensee shall fail or neglect to remove Licensee = s property and to restore the premises, then, at the option of Licensor, the property of Licensee shall either become the property of Licensor without compensation, or Licensor may cause it to be removed and the premises to be restored at the expense of Licensee, and no claim for damages against Licensor shall be created by or made on account of the removal and restoration work. XVII. Notices All notices to be given pursuant to this license shall be addressed to parties at their principal places of business. Notices shall be deemed to have been duly given if and when addressed as specified above and deposited postage prepaid in the United States mail. XVIII. Mandatory Arbitration Any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. WITNESS our signatures as of the day and date first above stated. CITY OF _____________________ ___________________________, INC. By: ___________________________ By: _______________________ Attest:_________________________ City Clerk