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resolution 4 pages

Also attached to this agenda item: March 27th Resolution 64-2024 St Augustine

St. Augustine’s Episcopal Church 6 Old Post Road North Croton on Hudson, NY 10520 Parish Hall Rental Agreement This Rental Agreement by and between Village of Croton on Hudson, NY (Lessee) and the St. Augustine’s Episcopal Church (St. Augustine’s), Lessor is entered into this ______day of ________, 2024 at Croton-on- Hudson, New York. Checks should be made payable to St. Augustine’s Episcopal Church. LESSEE INFORMATION Lessee Mark Duncan, Recreation Superintendent, Village of Croton-on-Hudson, One Van Wyck Street, Croton-on- Hudson, New York 10520 Telephone: 914-271-3006 Email: mduncan@crotononhudson-ny.gov EVENT INFORMATION Event Type/Name: Tiny Tots Camp Date July 1 – Aug 9, 2024 (M-F); No camp on 7/4/2024. Event Hours (including set up and cleanup): Monday, July 1, 2024: Start: 9:00AM Finish: 2:30PM July 2 – August 9, 2024 (No Camp 7/4): Start: 8:45AM Finish: 12:30PM TOTAL RENTAL FEES Fees are payable by cash or check made payable to St. Augustine’s Episcopal Church. Please indicate on the envelope or memo section on the check: "Parish Hall" and the date of the Event. The balance of the Total Rental Fees is due on or before the date of the Event. SCHEDULED RENTAL FEES Lessee will pay $400.00 for the week of Monday, July 1, 2024, and $500.00 per week for 5 weeks following, totaling $2900.00 to St. Augustine’s. Lessee will pay a deposit of $100.00. INCLUDED IN THE SCHEDULED FEES The Scheduled Rental Fees listed above include use of the Parish Hall and Lawn during the agreed times. The Lessee agrees not to park in the driveway, block, or permit its guests to block, entrances to the Church, nor the driveway itself. -2- NOT INCLUDED IN THE SCHEDULED FEES • Use of the Kitchen stove, ovens, pots and pans and cooking utensils • Use of the copier/printer OTHER PAYMENT CONDITIONS • The above fees do not include the cost of any personnel required to support the Event in any way(s) not contemplated by this Agreement. • A service charge of $25 will be imposed on checks returned for insufficient funds. • The Lessee’s failure to pay on the agreed dates will constitute a breach of this Agreement, the Event may be cancelled at St. Augustine’s sole discretion, and St. Augustine’s reserves the right to retain the full deposit, not including any Security Deposit. • Any changes to the Event details set forth herein may increase the costs set forth in this Agreement, to be paid by Lessee. DATE/TIMES OF PERMITTED USE Subject to the terms and conditions of this Agreement, St. Augustine’s hereby grants to Lessee license to use St. Augustine’s Parish Hall (the "Facility") for the dates and times as agreed above. INSURANCE St. Augustine’s may, at its sole discretion, require the Lessee to furnish a Certificate of Liability Insurance in an amount up to and including $2,000,000 per Occurrence, naming St. Augustine’s Episcopal Church as an additional Insured under the Policy. INDEMNIFICATION Lessee shall indemnify, defend and save harmless Lessor, its officers, agents and employees from and against any and all loss, cost (including attorneys' fees), damage, expense and liability (including statutory liability and liability under workers' compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Lessee, its agents, employees, contractors, sub-lessees, invitees, representatives, in, on or about the Facility. This indemnity shall survive the termination of this Agreement. Lessee hereby releases St. Augustine's from any and all liability or responsibility to Lessee or anyone claiming through or under Lessee by way of subrogation or otherwise for any loss or damage to equipment or property of Lessee covered by any insurance then in force. "AS-IS" CONDITION Lessee agrees to accept the Facility in its "as-is" condition "with all existing faults". The Lessee agrees to vacate the Facility in the same condition as it found it, including but not limited to sweeping the floor, mopping any spillage of food or drink, and the entire floor if necessary; returning the tables and surrounding chairs to their "standard configuration." ADDITIONAL CLEAN-UP AND DAMAGE PROVISIONS Lessee agrees: • To leave the Facility tidy with materials picked up and tables and chairs wiped down so that the Lessee can clean the floors each afternoon. -3- • To remove all rubbish and debris, including food and beverage remains, to the trash containers outside near the driveway on Van Wyck Street. • To preserve the floor, by not dragging tables and chairs across it, and by wiping up spills promptly • Not to tack, tape or otherwise adhere anything to the walls, woodwork, or floors, including nails, screws, hooks, picture hangers, glue and tape, nor hang anything from the ceilings. • Not to discard paper towels, diapers, and other trash in the toilets - Use waste bins provided • If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Lessee's exercise of its rights under this Agreement, Lessee shall pay St. Augustine’s for any such damage, repairs, or replacements upon demand by St. Augustine's. TERMINATION St. Augustine's may terminate this Agreement based upon any one or more of the following events: A. Failure of Lessee to pay the Rental Fees or any other charges due under this Agreement when the same are due; B. Lessee fails to perform any of its covenants under this Agreement. In any of the aforesaid events, and in addition to any and all rights and remedies available to St. Augustine's by law or in equity, St. Augustine's may, without further notice, forthwith terminate this Agreement and expel and remove Lessee, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of Lessor or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, Lessor may recover from Lessee all damages it may incur by reason of such breach by Lessee. INTERFERENCE Lessee shall use the Facility in a manner which shall not in any way cause interference with the use or occupancy of the other portions of St. Augustine's Property, whether by St. Augustine's or others. Lessee's use of the Facility shall be in such a manner so as not to interfere with or impose any additional expense upon St. Augustine's in maintaining the Property. USAGE HOURS & COOPERATION WITH OTHERS St. Augustine's may require use of the premises before and after the Event hours set forth in this Agreement. The Lessee agrees to occupy the premises only during those hours. St. Augustine's may make available for use by others at the same time portions of the grounds and buildings not subject to this Agreement. The Lessee agrees to cooperate in good faith with St. Augustine's and those using other areas of the premises. SMOKING By law, smoking is not permitted inside the Facility. NOISE LEVELS Please remember this is Church property and that there may be visitors to the Church or the Rectory during your Event. As part of the village community, St. Augustine's has surrounding neighbors. Additionally, events held on the Lawn may be subject to early closure if the noise levels violate local ordinances. -4- EMERGENCY PROCEDURES Damage or equipment malfunction should be reported immediately to the signatory listed below for St. Augustine. Call 911 for fire or smoke conditions, or health emergencies. CANCELLATION Lessee may cancel this Agreement at any time up to 30 days prior to the Event date by providing written notice of such Cancellation to St. Augustine's, to ensure the return of Rental Fees and/or Security Deposit already paid, less any related Event fees incurred by St. Philip’s. If the Lessee fails to comply with this provision, the Lessee will be liable for Full Rental Fees. St. Augustine's will return any Security Deposit, less any damages to the Facility caused by the Lessee. St. Augustine’s, in its sole discretion, may cancel the Event if a reasonable basis exists, including, but not limited to, default, non-performance or breach of any of the warranties, terms or conditions of this Agreement by the Lessee. In that event, St. Augustine’s reserves the right to retain Scheduled Fee Deposit. The Lessee also agrees to pay on demand any out-of-pocket expenses incurred by St. Augustine’s in connection with the cancelled Event. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any legal actions, claims, or demands shall be handled in a court of competent jurisdiction within the State of New York. The Lessee acknowledges that he/she has read and understands the contents of this Agreement, and in signing this Agreement, agrees to compliance with all of its terms and conditions. Lessee Lessor/St. Augustine’s Episcopal Church ____________________________________ _______________________________ Name of Person or Organization Title ____________________________________ _______________________________ by (Signature) by (Signature) (date) (date) (Telephone) (Telephone) (email) (email)