Xavier University Standard Facilities Use Agreement
Summer Intern Housing
This Facilities Use Agreement (“Agreement”) is entered into this _____ day of ________, ____, by and between
Xavier University (“University”) and ________________________________________ (“Client”).
WHEREAS, the University owns and operates, or lawfully controls the use of, the property described below, and
CLIENT desires to use said property; and
WHEREAS, the University agrees to make said property available to Client at the date(s) and time(s) and for the
purposes referenced below; and
WHEREAS, the University and Client agree to the terms and conditions hereafter stated:
NOW, THEREFORE,
1. USE OF THE PROPERTY: Client’s use of Xavier property is limited to the following location(s), date(s), time(s),
access and use(s) (the “Use of the Property”):
a. Property to be used: [specific housing option requested]
Type of event:
apartment rental for interns employed by [Client]
Date(s) of use:
[move-in date] thru [move–out date]
Event start time:
[move-in hours on move-in date]
Event end time:
[move-out hours on move-out date]
# of attendees:
attendees specified below
Intern
First Name
Intern
Last Name
Intern
Gender
(F/M)
Move-in
Date
Moveout Date
Housing
Option
Rental
Rate
Total
Rent
$
Amount
to be
paid by
intern
$
Amount
to be
paid by
client
b. Ingress and egress reasonably necessary to access the Property shall be considered Property under this
Agreement. All portions of the sidewalks, entries, doors, passages, vestibules, halls, corridors, stairways,
passageways, and all ways of access to public utilities of the premises must be kept unobstructed by Client
and must not be used by Client for any purpose other than ingress to or egress from the Property described in
paragraph 1.a.
2. FEE FOR USE: Client agrees to pay the University $_____ as a fee for the Use of the Property (the “Fee”), as
follows:
The entire Fee of $
whichever is sooner.
is due on _______ or five business days before the first day of the Use,
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3. DAMAGE AND MODIFICATION: Each of Client’s interns will be required to sign a lease accepting responsibility
for any damages caused by Client’s interns, including its participants or attendees, to buildings, grounds, fields
and equipment, incident to the Use of the Property. Further, Client shall make no temporary or permanent
modifications to the Property without the prior written consent of the University.
4. COMPLIANCE: Client agrees to use the Property in accordance with all University policies, regulations, rules, and
practices and with all applicable municipal, state and federal laws, including but not limited to fire codes. At all
times, Client shall keep attendance within the stated capacity of the building and room. Client agrees to use the
Property in an orderly manner so as not to interfere with other events taking place on University property. Client
shall be responsible for ensuring its agents, participants, attendees and others receive the appropriate and
necessary safety and other instruction to comply with these requirements.
5. SALES AND SOLICITATION: Client shall not engage in sales or solicitation of sales of goods or services except
as described in “Purposes of use,” in paragraph 1.a. above.
6. USE OF UNIVERSITY NAME AND MARKS: Client shall not use the name or marks of the University in such a
manner as would indicate or suggest endorsement or co-sponsorship of Client’s activities, without prior written
consent of the University.
7. ABANDONED PROPERTY: Any personal items or equipment left on the Property shall, after a period of ten
business days from the last day of the scheduled use, be deemed abandoned and shall become property of the
University to be disposed of or utilized at the University’s sole discretion.
8. RELEASE: In consideration of the Use of the Property, and because Client is voluntarily entering into this
Agreement for Use of the Property, Client acknowledges and agrees to assume all risks associated with Use of
the Property. Client releases the University from all claims, including negligence that may arise from its Use of
the Property, whether foreseen or unforeseen, known or unknown and Client assumes full responsibility for any
injuries, damages, or losses that may arise out of the Use of the Property.
9. INDEMNIFICATION: Client recognizes that Use of the Property may result in inconvenience, loss, injury, damage,
or loss of personal property to or of Client or Client’s agents, participants, attendees or others. Thus, Client
expressly agrees to indemnify, defend, and hold harmless the University from and against any and all claims,
threatened claims, demands, damage to persons or property, losses and liabilities, or expenses, including
reasonable attorney fees, resulting directly or indirectly from Client’s agents’, participants’, attendees’ or others’
participation in Client’s Use of the Property, regardless of whether the agent, participant, attendee or other was
participating or acting in a manner authorized by Client or not.
10. FORCE MAJEURE: If the Property is rendered unsuitable for the conduct of the Client’s activity by reason of force
majeure, the University and the Client are released from their obligations under this Agreement. Force majeure
shall mean fire, interruption in utilities, earthquake, flood, act of God, strikes, work stoppages or other labor
disturbances, riots or civil commotions, war or other act of any foreign nation, power of government, governmental
agency or authority, determination by the University to close the campus for any reason, including weather and
holidays, or any other cause like or unlike any cause mentioned which is beyond the control of the University.
11. TERMINATION: The University may terminate this Agreement and Client’s Use of the Property at any time in its
sole discretion by giving written notice to Client. If the University terminates this Agreement because Client has
violated the terms of this Agreement, or because Clients or its participants, attendees or others have violated laws
or University policies, then Client is obligated to make full payment of the Fee and all expenses under this
Agreement. In all other cases, termination by the University shall result in a pro rata refund of the Fee, based on
the portion of the use period that was actually used, but less any expenses incurred by the University. If Client
terminates this Agreement for any reason, Client may be charged up to the amount of the Fee, plus any expenses
incurred prior to Client’s termination. If Client’s notice of cancellation is received by the University at least three
days prior to the first date of use shown in paragraph 1.a., no more than 50% of the Fee, plus any expenses
incurred shall be due.
12. DEFINITIONS: “University” means Xavier University, all past and present directors, trustees, officers, employees,
agents, insurers, attorneys, and any other party associated with Xavier University, including but not limited to any
Xavier University employees that were involved in facilitating this Agreement and Client’s Use of the Property.
“Client” is defined on the first page hereof and the obligations of Client described herein shall also be binding
upon all past and present members, directors, trustees, officers, employees, individuals, agents, insurers, and
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attorneys of Client, and any other party associated with Client, including but not limited to Client’s participants,
attendees or other person invited to the University campus by Client.
13. WHOLE AGREEMENT: This Agreement, along with the Xavier University Summer 2014 Lease Agreement,
which is attached to this document, and must be completed online by each of Client’s Interns, constitutes the
entire agreement of the University and the Client and there are no other promises, obligations or understandings
between the parties that are not contained within these Agreements, unless otherwise indicated herein. The
terms of these Agreements may not be modified other than in writing signed by both the University and Client.
14. NO ASSIGNABILITY: Client shall not assign this Agreement nor allow any other person, group or entity to use the
Property during the scheduled time(s) without the prior written consent of University.
15. ENFORCEMENT: This Agreement shall be construed in accordance with the laws of the State of Ohio. Should
any portion of this Agreement be held invalid, the remaining portion shall not be affected and shall continue to be
valid and enforceable.
IN WITNESS WHEREOF, the University and Client have executed this Agreement as of the date first written above.
FOR UNIVERSITY:
FOR CLIENT:
Signed:
Signed:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
Client Name and Full Address:
Xavier University
____________________________________
3800 Victory Parkway
____________________________________
Cincinnati, OH 45207-2124
____________________________________
513-745-3576
Phone:
___________________________
macmorinet@xavier.edu
Email:
___________________________
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Xavier University Summer 2014 Lease Agreement is
Currently under revision
For reference, the 2013 Summer lease Agreement is posted below:
This Summer Lease Agreement (the "Lease") is entered into this [[lease_day]] day of [[lease_month]], [[lease_year]]
between Xavier University, an Ohio not-for-profit corporation, 3800 Victory Parkway, Cincinnati, Ohio, 45207, owner of the
premises described herein (hereinafter "Lessor") and [[first_name]] [[last_name]] whose address is [[address]] (hereinafter
"Lessee").
In consideration of the rents and covenants mutually exchanged herein, Lessor hereby leases to Lessee the premises
known as Room #[[assignment_room]] located at [[assignment_hall]] (Hall), 3800 Victory Parkway, Cincinnati, Ohio,
45207 (the "Room"), together with all furnishings and equipment located therein, along with a non-exclusive right of
access to all appurtenant common areas in the building where the Room is located and the designated entrances/exits
thereto (collectively, the "Premises") on the following terms and conditions :
1. Terms. This Lease shall be for the following term: from the [[move_in_day]] day of [[move_in_month]] [[move_in_year]],
to the [[move_out_day]] day of [[move_out_month]] [[move_out_year]], inclusive (the "Term"), unless sooner terminated
as provided herein. Lessee cannot occupy the Premises beyond the conclusion of the Term without the express written
consent of the Lessor. In any event, the Term shall not begin prior to May 12, 2013, at 4:00pm EST and shall not extend
beyond August 10, 2013 at 10:00am EST.
2. Rent. All rental payments for Lessee are being paid by the company where the Lessee is interning, [intern company].
3. Credit Card. Lessee shall provide Lessor with a valid credit card to keep on file. Lessee authorizes Lessor to charge
the credit card for any of the following amounts without prior notice to or separate authorization from Lessee: 1) any
amount that is past due under the terms of this Lease, 2) any late fee that is due under the terms of this Lease, or 3) any
charge for damage to property or change in rooms due under the terms of this Lease if not otherwise paid within 14 days
after written notice of charges associated with any damage or special cleaning has been provided to the Lessee.
4. Delay or Omission. Any delay or omission of Lessor to exercise any right or power under this Lease or arising from
any default thereof shall not impair or prevent the exercise of any such right or power and shall not be construed to be a
waiver of any default of this Lease or acquiescence therein by Lessor.
5. Damage to Person or Property. To the extent the law permits, Lessee, its invitees, agents, or guests, shall hold
Lessor harmless against any and all claims, liabilities, damages and losses resulting from injury or death of any person or
damage to property occurring on or about the Premises or in conjunction with Lessee's use and occupancy of the
Premises, unless caused by the negligent acts of Lessor. This provision shall survive the expiration or termination of this
Lease. Lessor may charge Lessee for special cleaning that is attributable to the use of the Premises by Lessee and/or
Lessee's guests, agents, or invitees, reasonable wear and tear excepted. Lessee will be notified in writing of the nature of
any damage or special cleaning and associated charges within 14 days after the last day of the Term of this Lease. Any
dispute regarding the type of damage, special cleaning or associated charges must be made in writing and received by
the Summer Conference Programs Office within 7 days of Lessee receiving notification of the damages, special cleaning
and charges. Lessee agrees to pay any charges due for damage or special cleaning within 14 days after receiving notice
of the same. All personal property kept in the Premises and/or the common areas of Xavier University shall be kept at
Lessee's sole risk. Lessee should secure renter's insurance or other adequate insurance for all personal property kept at
the Premises. To the extent the law permits, Lessee shall not hold Lessor liable for claims for damages, theft, or injury to
personal property.
6. Condition of Premises. Lessee accepts the Premises in "as is" condition upon occupancy unless a specific problem is
called to the attention of the Lessor in writing. Upon arrival, the Lessee must contact a member of the Xavier University
Summer Conference Program team to report any pre-existing damage to the Premises, normal wear and tear excepted.
Lessee further agrees not to alter, change, or redecorate the Premises nor attach anything permanently to any walls,
window, door, ceiling, or floor. Lessee agrees to maintain the Premises in good physical condition, exercise good
housekeeping practices, and report any and all problems promptly to Lessor. Lessee must return the Premises in the
same condition that it was in upon commencement of the Lease, normal wear and tear excepted. Upon check-out, Lessee
will have the opportunity to have a visual inspection of their room with a member of the Xavier University Summer
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Conference Program Team. After Lessee has checked-out, a representative of the University will make an inspection of
all rooms used and will note any damage or special cleaning requirements.
Lessee acknowledges receipt of the Lead Based paint Disclosure Statement attached to this Lease and the EPA
Pamphlet, "Protect Your Family from Lead in Your Home."
7. Sublease. Lessee shall not sublet, transfer or assign any interest in the Premises without the express written consent
of Lessor.
8. Prohibited Purposes. Lessee shall not commit nor permit to be committed any waste or any unlawful or immoral act in
or about the Premises. Lessee will comply with all applicable laws, statutes, and ordinances and shall not disturb or annoy
other residents on the Premises or the common areas of Xavier University. The Premises shall be used exclusively as a
private temporary residence for those persons specifically listed on the Lease. No other persons will be permitted to stay
in the Premises without the express written consent of Lessor. Lessee shall not engage in any purpose which will increase
Lessor's insurance rate nor engage in any activity which will degrade or alter the general tenor or character of the
Premises in Lessor's reasonable discretion. Lessee shall at all times occupy the Premises in a safe and careful manner.
No pets or animals are permitted on the Premises. The halls, laundry room, stairways, and landings and all other common
areas of the Premises shall be kept free and clear of any property of Lessee and may not be used for any purpose other
than the purpose for which those common areas are intended. The Lessee will be required to pay a fee of $20.00 each
time they lock themselves out of the Room and require the Lessor to unlock the door for them.
9. Xavier University Student Handbook. Lessee acknowledges that he/she will read the Xavier University Student
Handbook and agrees to abide by all University Policies and Procedures including the Student Handbook and the
regulations and information contained in it. Lessor reserves the right to amend the Xavier University Student Handbook
and University Policies and Procedures from time to time. Any violation of the Xavier University Policies, including the
Xavier University Student Handbook, or amendments thereof, constitutes a breach of this Lease and may be grounds for
termination of this Agreement. The student handbook can be found online at http://www.xavier.edu/studentintegrity/documents/studenthandbook.pdf
.
10. No Landlord Relationship. This Lease is for the provision of temporary accommodations only. Lessor and Lessee
shall not be deemed to be Landlord and Tenant under the Ohio Landlord Tenant Act, O.R.C. Chapters 5321 and 1923.
11. Entry. Lessor reserves the right to enter upon the Premises for inspection, maintenance, pest control and any other
reasonable purpose. Lessor shall give Lessee reasonable notice of the Lessor's intent to enter the Premises and enter
only at reasonable times. In the case of emergency, however, Lessor reserves the right to enter the Premises immediately
and without notice.
12. Destruction of Premises. In the event that the Premises are substantially destroyed by fire, rain, wind or other
natural casualties beyond the control of Lessor, or are condemned or torn down by any governmental authority, then this
Lease shall terminate and all obligations hereunder shall be void. Lessor and Lessee shall not be liable to one another
thereafter.
13. Default. Should Lessee fail to pay the full rental payment according to the schedule listed above, or should Lessee
violate any other term, condition or covenant of this Lease or any Policy of Xavier University including the Xavier
University Student Handbook or should Lessee have misrepresented any fact contained in the Application for Residency,
then Lessor shall have the right, at its option, to declare an immediate default or terminate this Lease, or both. In either
event, Lessee shall be immediately liable for damages suffered by Lessor. Furthermore, in the event of a default, Lessor
may peaceably enter and take possession of the Premises or initiate an eviction action to retake the same along with any
and all other remedies available to Lessor at law or in equity.
14. Modification. The terms of this Lease may not be modified other than in writing signed by both Lessor and Lessee.
Lessor reserves the right to refuse to agree to any modification of this Lease once it is executed, including but not limited
to, any request for a modification of the Term of the Lease or the payment terms.
15. Change of Rooms. The Lessor will allow for a change of rooms or buildings only under rare circumstances. Any such
changes must be approved by Lessor in writing and will result in a minimum $200 fee. If Lessee is moving from University
Apartments, the fee will be a minimum of $250. Lessee will be responsible for paying for all additional damage and
cleaning fees. All fees must be paid in full prior to any move being allowed.
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16. Parking. In the event that Lessee requires parking for a personal vehicle, lessor will provide one parking pass which,
when placed in lessee's vehicle, allows Lessee to park in specifically designated areas only. In order to obtain parking
pass, Lessee must provide Lessor with information including, by not limited to: dates when parking pass will be required,
make model, year and color of Lessee's vehicle, license plate information for Lessee's vehicle. Parking pass issued to
Lessee will only be valid for the vehicle to which it was issued, in specifically designated parking areas and for the time
period for which it was issued.
17. Independent Provisions. This Lease is the entire agreement between the parties and supersedes any prior
negotiations. Each and every term of this Lease is an independent provision and any determination by statute or by a
court of law which renders any provision illegal shall not affect the balance of the provisions herein.
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