Minor Program-Third Party Facilities Usage Agreement
The purpose of this policy is to define the responsibilities and limitations of the university in responding to requests for use of university facilities where the participants are minors. The intent of the policy is to ensure optimum use of resources and develop and maintain good public relations with organized groups wishing to use university facilities, while ensuring the safety and well-being of minors are addressed.
Use of university facilities by non-university groups (third parties) such as organized civic, cultural, service, religious, and industrial organizations, public school groups, and college and university groups with memberships not restricted to university students, faculty, and staff may be approved subject to the guidelines established by this policy and other appropriate university regulations.
This policy does not apply to registered student organizations (RSOs) at any university location.
The program using the facilities must agree to take precautions to assure the physical safety of minors and university property, and to release the university from any liability in conjunction with the use of the facility. A Minor Program-Third Party Program Facilities Usage Agreement for this purpose.
A copy of the completed Minor Program-Third Party Program Facilities Usage Agreement must be forwarded to the Risk Management Department by the sponsoring unit no later than
prior to the start of the program.
The non-university group (third party) must return a signed Minor Program-Third Party Program
Facilities Usage Agreement to the sponsoring unit contact.
No program can begin their use of university facilities until the minors on campus program coordinator has provided the sponsoring unit contact confirmation.
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Minor Program-Third Party Facilities Usage Agreement
UNIVERSITY OF LOUISVILLE
CAMPUS
SPACE LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into as of the date last signed by all parties, by and between the University of Louisville (hereafterUniversity), (a Kentucky public institution of higher education, Louisville,
Kentucky40292) and __________________________________________________ (hereafter “Licensee”).
IN CONSIDERATION of the agreements and covenants to be performed as herein provided the University grants to the Licensee a license to use the certain campus premises.
THE PARTIES FURTHER AGREE AS FOLLOWS:
1.
PREMISES: Licensee shall have use of the space as identified in Exhibit A in accordance with the terms and conditions of this license. The space shall be referred to herein as the “Licensed Premises”. In addition,
Licensee shall have use of Common Areas in common with other occupants of campus. The term “Common
Areas” shall mean the areas of the campus which are designed for use in common by all occupants of the campus and their respective employees, students, agents, and visitors. Use of the Licensed Premises and
Common Areas are subject to such nondiscriminatory rules and regulations as may be adopted by the University including those set forth in Exhibit B.
2.
FACILITIES AND UTILITIES: University shall provide for the benefit of the Licensee only the Licensed
Premises and shall provide upkeep or repairs to the Licensed Premises. Licensee agrees that it accepts the premises “AS IS”. University shall be responsible for utility costs at the Licensed Premises except telecommunication and network services.
3.
TERM: The term of this license shall be from ___/___/___ AM/PM to ___/___/___ AM/PM. No holdover rights or extension of this license shall be permitted except by written amendment of this agreement.
4.
IMPROVEMENTS TO LICENSED PREMISES: All improvements made to the Licensed Premises shall remain the property of the University. No improvements shall be made to the Licensed Premises unless
Licensee submits plans and specifications for such improvements to the University and such plans and specifications are approved in writing by the University.
5.
PERMITTED USES: Licensee shall use the Licensed Premises only for the operations described in Exhibit C of this document.
6.
DEFAULT AND CANCELLATION: University or Licensee may terminate this License at any time by delivering written notice to the other party thirty (30) days prior to the date of termination. University may terminate this License upon three days notice delivered in person or in writing for any violation of the License terms or rules in Exhibit B.
7.
SURRENDER: Upon expiration or cancellation of the initial term or any renewals of this license, Licensee shall immediately surrender possession of the Licensed Premises to the University together with all keys or other access devices or passes. Any personal property of Licensee on the Licensed Premises may be removed, provided that Licensee bears the cost of such removal and repairs at its own expense any and all damage resulting from such removal. If Licensee fails to remove any property from the Licensed Premises at the end of this license, all such personal property shall become the sole property of the University.
8.
WAIVER AND HOLD HARMLESS: Licensee shall indemnify and hold harmless the University, its agents, officers, and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from this license, provided that such claim, damage, loss or expense is not caused by any negligent act or omission or willful misconduct of the University or its employees or agents acting within the scope of their duties.
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Minor Program-Third Party Facilities Usage Agreement
9.
INSURANCE: Prior to occupancy of the Licensed Premises, Licensee shall obtain at its own cost and expense and maintain in force during the license a Commercial General Liability policy with Abuse and Molestation coverage included or endorsed, in the amount of not less than $1,000,000 combined single limit per occurrence, with Fire Liability. Workers’ Compensation coverage with Kentucky statute limits, Auto insurance if vehicles will be used on campus, Fire Liability insurance. University shall be furnished Certificates of insurance upon the execution of this license. The Certificates shall include provisions stating that the policies may not be canceled or materially amended without the University having been provided at least thirty (30) days written notice. Required insurance policies shall contain the following: (i) “University of Louisville is added as
‘Additional Insured’ as respects the premises being licensed by the Named Insured.”; and (ii) “It is agreed that any insurance maintained by the University of Louisville shall apply in excess of and not contribute with, insurance provided by this policy.”
10.
RIGHT OF ENTRY: University retains the full right and authority to enter and inspect the Licensed Premises at all reasonably anticipated hours, provided that at no time the University conducts such activities so as to unreasonably interfere with Licensee’s use and occupancy. University may enter at any time to respond to emergencies and may order evacuation of the Licensed Premises and Common Areas.
11.
ASSIGNMENT: This license or the rights or obligations hereunder shall not be assigned by Licensee either voluntarily or by operation of law, nor shall the Licensed Premises be occupied by others either in whole or in part without the prior written consent of the University. Any attempt or attempts to accomplish the foregoing shall confer no rights upon any third party, assignees, or sublicensees. In no event shall this license be assigned or assignable by operation of law, and in no event shall this license be an asset of Licensee in any bankruptcy, insolvency or reorganization proceeding.
12.
WAIVER OF TERMS OR CONDITIONS: The parties to this license agree that the University may waive the performance of any term, condition and covenant contained herein, provided that such waiver is in writing by an authorized official and shall not be construed or deemed a continuing waiver of the same or any subsequent conduct which may constitute a default of any provision.
13.
RELATIONSHIP OF PARTIES: University shall not by virtue of this license or occupancy of the Licensed
Premises by Licensee become or be deemed a partner, joint venturer or controlling party of Licensee in the conduct of Licensee’s business.
14.
NOTICES: Any notices required or desired to be given under this license agreement shall be in writing and shall be deemed given when hand-delivered, or mailed postage prepaid registered or certified mail return receipt requested to the following address:
To Licensee at: _________________
_________________
_________________
_________________
_________________
To University at: University of Louisville
Risk Management
1900 Arthur Street
Louisville, Kentucky 40208
15.
LIENS: Licensee shall keep the Licensed Premises free from any liens or claims of lien arising out of work performed, materials furnished or obligations incurred by or for Licensee. In the event that any liens are filed arising out of work performed, materials furnished or obligations incurred by, for or at the insistence of
Licensee and Licensee fails to bond, pay or otherwise extinguish such liens within thirty (30) days after
University notifies Licensee of the existence thereof, University may, without waiver of any other rights or
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Minor Program-Third Party Facilities Usage Agreement remedies, bond, pay or otherwise extinguish such liens and any expenses incurred by University in connection with the liens shall be paid by Licensee to University upon demand as additional costs hereunder.
16.
CONFLICTS OE INTEREST: Licensee represents and warrants that upon careful inquiry, no fee, commission or other pecuniary or real benefit has been provided or promised to any person or organization, other than the University on account of this license or related benefits. Licensee covenants that it will notify the
University’s president in writing promptly upon learning of any change in this warranty or proposal for such change, or upon establishment of any pecuniary relationship with any employee or trustee of the University, including investments or grants of equity.
17.
UNIVERSITY NAME: Licensee shall not use the name or logo of the University or any of its units for any purpose other than that of the business address of Licensee without prior permission of the University.
18.
LICENSE FEE: The Licensee shall pay a license fee of $_________. Any additional items or services that are to be provided by the University that are shown in Exhibit D.
19.
ENTIRE UNDERSTANDING: This license and all exhibits have to represents the entire understanding and agreement between the parties relating to the Licensed Premises and supersede all prior negotiations and agreements relative thereto. The language in all parts of this license shall in all cases be construed as a whole according to its fair meaning and not strictly for or against either University or Licensee.
20.
REVIEW RECORDS : At any time the University may request copies of all Licensees’authorized adult’s criminal background checks, training verification, minor release forms. etc.
UNIVERSITY: LICENSEE:
By: _____________________________ By: ___________________________
Title: ____________________________ Title: __________________________
Date:____________________________ Date:__________________________
Recommended by:
________________________________
________________________________
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Minor Program-Third Party Facilities Usage Agreement
EXHIBIT A
LICENSED PREMISES
(Insert Description of facility)
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EXHIBIT B
Rules and Regulations
1.
Licensee agrees to fully comply with the University of Louisville’s Minors on Campus policy. Licensee shall provide supervision for all minors involved in licensee programming and shall provide a minimum of one authorized adult for every ten (10) minors.
2.
Licensee, its officers, agents, vendors and employees shall not block or obstruct any of the entries, sidewalks, passages, doors, hallways or restrooms; nor place empty boxes or throw any rubbish, litter, trash or material of any nature into such areas, or permit such areas to be used at any time except for ingress or egress.
3.
The movement of furniture, equipment, machines, merchandise or materials within, into or out of the Licensed
Premises shall be restricted to movement through the service court entrance only, and in no event shall any material be moved through the front entrance to the Licensed Premises. Licensee shall assume all liability and risk to the Licensed Premises. Safes, large files, electronic data processing equipment and other heavy equipment or machines shall be placed only where directed by the University.
4.
No materials, trash, boxes, supplies or equipment shall be stored in any area outside the Licensed Premises or outdoors.
5.
The University will not be responsible for lost or stolen personal property, equipment, money or any article taken from Licensed Premises or Common Area regardless of how or when loss occurs.
6.
Other than the preparation of food at lunchtime and the use of microwave ovens, Licensee shall not place, install or operate on the Licensed Premises or in any part of the building, any engine, stove, heater or machinery, or conduct mechanical operations or cook without written consent of the University.
7.
Licensee shall not place or use in or about the Licensed Premises any explosives, gasoline, kerosene, oil, acids, caustics or any other flammable, explosive or hazardous material.
8.
No person shall at any time occupy any part of the Licensed Premises or Common Area as sleeping or lodging quarters.
9.
Licensee, its employees, agents, vendors or visitors, shall not bring or keep on the Licensed Premises any fish, fowl, reptile, insect or animal or any bicycle or other vehicle without the prior written consent of the University
- wheelchairs, baby carriages and service dogs, excepted.
10.
If Licensee desires signal, communication, alarm or other special utility or service connection installed or changed, such work shall be done at the expense of Licensee, with the approval and under the direction of the
University.
11.
This license shall not permit the operation of any machine or sound producing instruments or device which causes any sound or vibration that may be heard or felt outside the Licensed Premises and which disturbs other occupants. Except as permitted by Paragraph 5 above, Licensee shall conduct no activity that produces any odor or fume offensive to any other occupant in the building.
12.
The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by Licensee.
13.
Window walls facing the building exterior shall at all times be wholly clear and uncovered (except for building standard blinds) so that a full unobstructed view of the interior of the Licensed Premises may be had from the exterior of the building.
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Minor Program-Third Party Facilities Usage Agreement
14.
Canvassing, soliciting and peddling in the Common Area are prohibited, and each Licensee shall cooperate to prevent same. In this respect, Licensee shall promptly report such activities to the University.
15.
There shall not he used in any space, including, but not limited to the walkways to the Licensed Premises, either by any Licensee or by others, in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires and side guards.
16.
Licensee will be responsible for any damage to the Licensed Premises, including carpeting and flooring, as a result of rust or corrosion of file cabinets, roller chairs, or metal objects not provided by the University or spills or any type of liquid.
17.
If the Licensed Premises becomes infested with vermin due to Licensee’s negligence, Licensee, at its sole cost and expense shall cause the Licensed Premises to be exterminated from time to time to the satisfaction of
University.
18.
Licensee shall not install any antennae or aerial wires, radio or television equipment or other type of equipment causing electromagnetic interference beyond the Licensed Premises, inside or outside of the building without
University’s prior approval in writing (which shall not be unreasonably withheld) and upon such terms and conditions as may be specified by University in each and every instance.
19.
Licensee shall not condone any use of the Licensed Premises or Common Areas which may be disreputable or dangerous to life, limb or property.
20.
Licensee shall not advertise in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization relevant to Licensee or use any picture or likeness of the campus or the campus name in any letterheads, envelopes, circulars, notices, advertisements, containers or wrapping material.
21.
Licensee shall not conduct its business or permit conduct of its officers, agents, employees, vendors and visitors in such a manner as to create any hostile or offensive environment or nuisance, or interfere with, harass, annoy or disturb any other occupant of University.
22.
Licensee shall make no use of the Licensed Premises or conduct any activity thereon which would be hazardous to the extent that University would be required to pay a high premium on casualty insurance maintained on the building by the University.
23.
Smoking is absolutely prohibited in all indoor portions of the University.
24.
Licensee and its employees, agents, officers, customers, vendors and all invitees shall observe University rules and direction of University staff pertaining to security, maintenance, fire, occupational and lab safety, traffic control, parking, hazardous materials, workplace environment, and University computer use.
25.
No deadly weapons are permitted on University property.
26.
Areas of the University not included in the Licensed Premises and Common Areas are off limits to Licensee’s employees, officers, agents, vendors, customers, and visitors except as permitted by the occupants of such areas during regular open hours.
27.
Crimes, suspected crimes or security concerns are to be reported immediately to University Police (852-6111).
28.
No human or animal studies or laboratory operation are permitted
29.
Licensee shall obtain prior permission of the University for any signs.
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30.
Parking permits may be obtained at standard costs and Licensee shall cooperate with parking regulations with special attention to keeping “visitor” areas available.
31.
Licensee shall respect the exclusive rights granted by the University to its concessionaires (e.g. food, beverage, bookstore, etc.)
32.
Licensee shall promptly notify University of such repairs and maintenance to the Licensed Premises and
Common Areas so as to always maintain good, safe, operational and clean surroundings.
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Minor Program-Third Party Facilities Usage Agreement
Exhibit C
Permitted Uses
(Describe the function to be held at the facility)
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Minor Program-Third Party Facilities Usage Agreement
EXHIBIT D
Other University Provided Items or Services
ITEMS AND SERVICES INCLUDED IN LICENSE FEE:
ITEMS AND SERVICES NOT INCLUDED IN LICENSE FEE:
Note: The charges indicated for these items shall be paid by the Licensee within thirty (30) days from beginning date.
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