Please fill in the shaded areas ____, sign and return to Eppler Center Room 107, HMSLS
Graduate Assistants Office.
BOWLING GREEN STATE UNIVERSITY (BGSU)
SCHOOL OF HUMAN MOVEMENT, SPORT AND LEISURE STUDIES
LEASE AGREEMENT FOR A BGSU FACILITY
BY A NON-AFFILIATED BGSU GROUP/USER
This AGREEMENT, is made this ___ day of _______, 20__ by and between
BOWLING GREEN STATE UNIVERSITY, a state-assisted institution of higher education
established and existing under the laws of Ohio, d/b/a School of Human Movement, Sport, and
Leisure Studies (“the Lessor”), with business offices at 119 Eppler Center, Bowling Green State
University, Bowling Green, Ohio 43403, and
(the“Lessee”) with offices located at
.
TERMS AND CONDITIONS
1.0
THE FACILITY.
1.1
The Leased Facility. The Lessor does hereby lease to the Lessee and the Lessee
does hereby take from the Lessor, the use of Bowling Green University’s
(Eppler North 221, Center 102, South 200 Gyms) (the
“Facility”), located at Eppler Complex, Bowling Green State University,
Bowling Green, Ohio 43403, at the following dates and times:
Date(s)
Time(s)
to
to
to
1.2
Use of the Facility. The Facility is to be used by the Lessee for the purpose of
(Describe in detail):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(the “Event”) and for no other purpose whatsoever. Lessee agrees to use the
Facility in a careful and prudent manner and to prevent damage to the Facility.
2.0
CONSIDERATION.
2.1
2.2
3.0
Payments. As payment for use of the Facility, [AND FOR THE USE OF
UNIVERSITY SECURITY,] the Lessee shall pay to Lessor $20 per hour or for a
maximum of $200 per day, of which the full amount ($
), is due and
payable prior to scheduled use. All payments hereunder shall be received by the
Lessor on or prior to scheduled use and shall be submitted to the School of
HMSLS Secretary, Lisa Bowe, 119 Eppler Center, BGSU, Bowling Green State
University, Bowling Green, Ohio 43403.
Rights of the Lessor Upon Non-Payment or Late Payment. The Lessor shall not
be obliged to give possession of the Facility until all payments required under this
Lease have been made in a timely manner, as required under paragraph 2.1. If Lessee
shall fail to make all payments required by this Lease on or before the time or times
above mentioned, the Lessor shall have the right, at its sole option, to retain all sums
of money paid on account of this Lease and Lessee shall be liable to the Lessor for
the balance remaining to be paid, as specified herein.
MATERIALITY OF TERMS AND CONDITIONS.
All of the foregoing and following terms and conditions of this Lease are material to the
agreement of the parties. Each of the parties agrees to observe, keep and perform such
terms and conditions, a breach of any of which shall constitute a breach of this Lease
Agreement.
4.0
UNAUTHORIZED OR IMPROPER USE OF FACILITY; RISK OF LOSS.
4.1
In the event that the Lessee shall use or attempt to use the Facility for any
purposes other than the above specified, or in the event that the Lessee shall in
any other respect fail to observe and fulfill its agreements herein contained, or if
any use or proposed use of the said premises shall, in the judgment of the Lessor,
be in any way contrary to law or adverse to the academic objectives or the
policies of the Lessor, or otherwise improper or detrimental to the reputation of
the Lessor, the Lessor without notice to Lessee shall have the right, at its option,
to cancel this Lease and take possession of the Facility and all rights of the
Lessee shall thereupon terminate.
4.2
The Lessee hereby agrees to comply in all respects with the Environmental
Health and Safety policies of the Lessor, as they may from time to time be
published at www.bgsu.edu/offices/envhs, and to otherwise conform its activities
and those of its invitees in a manner that will not prevent or impede the Lessor’s
ability to provide a healthy and safe environment for its students, faculty, and
staff.
4.3
Upon the expiration or sooner termination of this Lease Agreement, Lessee shall
quit and surrender the Facility to the Lessor. The Facility should be cleaned, and in
good order and condition; ordinary wear and tear accepted. Lessee will maintain
the facility in a clean, neat, orderly and attractive condition at all times.
Lessee shall not make any changes, alterations, modifications or other
improvements to the Facility, including the structural elements, mechanical and
4.4
LEASE AGREEMENT
Page 2 of 6
electrical systems, fixtures, furniture, and the surfaces of walls and partitions and
of floors and ceilings, without the prior written consent of the Lessor.
All risks
of loss to the Facility, or to such systems, fixtures, furniture, and
surfaces of the
Facility, or to the Lessee’s improvements (if any), shall remain
with the Lessee,
and any damages resulting to the same arising from this
Lease Agreement shall
be the sole responsibility of the Lessee.
5.0
INSURANCE.
5.1
Minimum Amounts and Types. The Lessee will purchase at its sole expense
and have in effect at least two (2) business days prior to the first (earliest) date
in paragraph 1.1, and maintain through the last (latest) date in such paragraph
(the “Insurance Period”), the following insurance coverages and limits, all
written on an occurrence form:
Type of Insurance
Limits
Worker’s Compensation Insurance
(Covering Lessee’s Employees)
Statutory Limits
Broad Form Comprehensive
General Liability Insurance --
Limits of at least $1,000,000 per
occurrence/aggregate --
Including, but not limited to, Bodily Injury,
Property Damage, Contractual Liability,
Products/Completed Operations, and Fire Legal
Liability, Athletic Participation Liability, Liquor
Liability Insurance
Each Element of which to be at least
$1,000,000 per occurrence/aggregate
Automobile Liability Insurance
Limits of at least $1,000,000 per accident
Medical Expense Insurance Coverage
Limits of at least $5,000 per injury
Limits of at least $10,000,000 per
occurrence/aggregate
Excess Liability Insurance
(If requested by the Lessor, in its sole and absolute
discretion)
5.2
__________________________
Effect of Coverage. The coverages and limits specified in paragraph 5.1 are to
be considered minimum requirements under this Lease Agreement and shall in
no way limit the liability or obligations of the Lessee hereunder.
LEASE AGREEMENT
Page 3 of 6
5.3
Certificates of Insurance. Prior to the commencement of the Period of
Insurance, the Lessee shall provide one or more Certificates of Insurance to the
Lessor at the address specified in paragraph 5.5. Such Certificate(s) shall:
(a)
evidence the coverages and limits described in paragraph 5.1; and
(b)
name “BOWLING GREEN STATE UNIVERSITY, ITS BOARD OF
TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS” as
“Additional Insureds” to the Broad Form Comprehensive General
Liability Insurance.
5.4
Other Insurance Terms and Conditions. The insurance coverages and limits
described in this Section 5.0 are primary to any and all other collectible
insurance. The Lessee hereby agrees and warrants that the Lessee’s insurance
policies, coverages and limits will be promptly and properly endorsed to reflect
the requirements of the preceding sentence. The Lessee will not do, nor permit to
be done, at the Facility, or bring or keep anything thereon, that will in any way
conflict with the policies of insurance thereon or increase the premium beyond
that usually charged at the Facility.
5.5
Notices. All notices and other communications under this Section 5.0 including,
but not limited to, the delivery of the Certificates of Insurance described in
paragraph 5.3 shall be sent to the Lessor at the following address:
Name: School of Human Movement, Sport and Leisure Studies
Title: Attn: Facility Graduate Assistants
Address: 107 Eppler Center, BGSU, Bowling Green, OH, 43403
Telephone: (419) 372-2883
FAX No. (419) 372-2153
6.0
INDEMNIFICATION.
The Lessee agrees to indemnify and save Lessor and its Board of Trustees, officers, employees
and agents harmless and free from all damage or other liabilities occasioned within the Facility
or adjacent thereto by reason of any injury to persons or property arising out of any act or
omission of the Lessee or any of its officers, agents, employees, guests, or other persons admitted
by Lessee upon the Facility including, but not limited to, attorney’s fees. In case any damage of
any kind to the said Facility arising out of any act or omission described in the preceding
sentence, the Lessee shall pay such amounts as shall be necessary to put the said Facility in as
good an order and condition as the same were at the commencement of the Lease Agreement.
LEASE AGREEMENT
Page 4 of 6
7.0
LIMITS OF LESSOR’S LIABILITY; LESSEE RELEASE.
The Lessor shall not be liable for any loss of property or for any bodily injury, however incurred,
that is suffered by the Lessee, its agents, employees, or guests, on the Facility during the term of
this Lease Agreement. Lessor is hereby expressly released and discharged from any and all
liabilities for any loss, injury, or damages to such persons or property.
8.0
ASSIGNMENT.
The Lease Agreement shall not be assigned by the Lessee, nor may the Lessee sublet said
Facility, or any part thereof, or permit any business or activity on the Facility other than the use
specified in paragraph 1.2.
9.0
REFRESHMENTS.
Refreshments of any kind shall not be served or eaten in the Facility, except as may be
specifically pre-approved, in writing, by the Lessor. In no event shall smoking be permitted in the
Facility.
10.0
SECURITY.
The Lessee agrees to use such security personnel as may be selected by the Lessor for the Event
and the preparation for the Event. Lessee hereby warrants and represents that it will follow the
directions and instructions of such personnel pertaining to all security matters.
11.0
CANCELLATION.
This Lease is subject to cancellation by the Lessor at any time where a conflict may occur with
academic classes or activities. In the event of such cancellation Lessor shall return Lessee’s
payment as consideration for the Lease.
11.1
Cancellation by Lessee within 72 hours of event date will result in forfeiture of
50% of payment or amount invoice. Cancellation made in advance of 72 hours of
event date will result in full refund of payment.
LEASE AGREEMENT
Page 5 of 6
12.0
GOVERNING LAW.
This Lease shall be governed according to the laws of the State of Ohio, without reference to its
Conflict of Laws provisions. The parties hereby submit to personal jurisdiction in Wood County,
Ohio and all actions arising out of this Lease Agreement shall be brought exclusively in a court
of appropriate jurisdiction within Ohio. In the event such litigation is commenced, each party
agrees that service of process may be made and personal jurisdiction over each obtained, by
service of a copy of the summons, complaint, and other pleadings required by applicable law to
commence such litigation upon the party’s appointed agent for service of process in Ohio. In the
event the Lessee fails to appoint such agent pursuant to the laws of the State of Ohio, or if such
appointment should lapse for any reason, the Lessee hereby alternatively designates its signatory
to this Lease Agreement as its appointed agent for the service of process in Ohio regardless of
the place of residence of such signatory.
IN TESTIMONY WHEREOF, Bowling Green State University has caused this Lease
Agreement to be signed in its name by a University official with the authority to execute this
Agreement and the Lessee has duly executed the same.
BOWLING GREEN STATE UNIVERSITY
[NAME]
(Lessor)
(Lessee)
Director, School of Human Movement, Sport,
And Leisure Studies
Name: School of Human Movement, Sport and Leisure Studies
Title: Attn: HMSLS Facility Graduate Assistants
Address: 107 Eppler Center, BGSU, Bowling Green, OH, 43403
Telephone: (419) 372-2883
FAX No. (419) 372-2153
LEASE AGREEMENT
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