Applicant Name: Jennie Polzin (Andover Basketball Association)

LEGACY CHRISTIAN ACADEMY

Rental Use Agreement

Applicant Name: Jennie Polzin (Andover Basketball Association)

Applicant Contact Email:

Applicant Contact Phone:

THIS AGREEMENT, made as of the day and year hereinafter set forth by and between Legacy Christian Academy, a not-for-profit corporation established in the Minnesota, (hereinafter ”LCA”) and the undersigned person or executing entity (hereinafter the “User”).

WITNESSETH

WHEREAS, LCA operates certain facilities located at 3037 Bunker Lake Blvd. NW, Andover, MN 55304 and

WHEREAS, the User is desirous of using the Facilities, upon the terms and conditions hereinafter set forth; and

WHEREAS, GF is desirous of permitting the User the use of the Facilities, upon the terms and conditions set forth and upon payment of the Rental Fee specified herein;

NOW THEREFORE, in consideration of the mutual covenants herein set forth, and other good and valuable considerations, the parties here to agree as follow:

TERMS AND CONDITIONS

1. Rental Period Includes:

·  Monday, February 20, 2017 – Both Gyms – 5:30-7:00 pm ($100)

·  Tuesday, February 28, 2017 – Lower Gym – 6:00 – 9:00 pm ($90)

·  Thursday, March 1, 2017 – Lower Gym – 6:00 – 9:00 pm ($90)

1/25/2017

1/25/2017

2. Facilities/Rates Available: LCA agrees to rent the following LCA facility(s) to the User under the Terms and Conditions (Please Check the Following):

1/25/2017

p  Sports Center-Single Court ($40/hr)

ü  Sports Center-Full Court ($60/hr not to exceed $300)

ü  Lower Gym B ($30/hr not to exceed $100)

p  Upper Soccer Field ($30/hr not to exceed $150)

p  Lower Soccer Field ($30/hr not to exceed $150)

p  Both Soccer Fields ($50/hr not to exceed $250)

p  Baseball Field ($30/hr not to exceed $120)

p  Softball Field ($30/hr not to exceed $120)

1/25/2017

Total Fee: $280.00

3. Additional Services Requested: If none of the following are requested it is assumed that the User will be providing for all services listed:

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p  Custodial

p  Technical

p  Personnel

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p  Equipment: ______

4. Deposit: The User agrees to pay LCA 20% of total cost at least three (3) days in advance of the rental period. Payment shall be made and payable to Legacy Christian Academy, c/o Athletics, 3037 Bunker Lake Blvd. NW, Andover, MN 55304.

5. License to Use Facilities. Upon this License Agreement being signed by a duly authorized officer of Legacy Christian Academy (LCA), which is a Minnesota Non-profit corporation. LCA grants to the User a revocable limited license to use the Facilities at the date(s) and during the times stated below as described in the License Agreement. No other rights are granted or conferred upon the User or any of their guests or invitees by this License Agreement. No other Agreement other than those stated in the Agreement. LCA reserves the right to reject any and all requests to use the property or any part of the property in its absolute and sole discretion. This license is subject to immediate cancellation by LCA or Meadow Creek Church if either party determines, in its absolute and sole discretion, that the use of the Facilities and/or the Property by the User will conflict or be inconsistent with LCA or Meadow Creek Church’s faith, mission, purpose, doctrines, teachings, constitution, articles of incorporation, bylaws, policies, or rules. No contractor, employment, partnership, sponsorship, or other relationship is created by or exists under this License Agreement among or between the User and LCA apart from LCA’s grant of revocable limited license for the use of the Facilities under this License Agreement.

6. (a) User shall be permitted to use the Facilities only for the purpose and shall not use the facilities for any other functions, objectives or purposes. Only the Facility specified above may be used, alone with such parts of the property as may needed for parking an getting to the facilities. (b) User shall not use the Facilities, or permit anything to be done in or about the facilities or the property, which in any way conflict with any law, statue, ordinance, or governmental rule or regulation. User shall, at User’s sole cost and expense, obtain any and all governmental licenses or permits necessary to lawfully conduct the activities and Purpose of the event. (c) User shall not use, generate, store, or dispose of any Hazardous Materials in or about eh facilities or the property. The term “Hazardous Material” shall mean asbestos, petroleum, and any other hazardous or toxic substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of Minnesota, or the United States Government. (d) User understands and agrees that the Church limits use of the Facilities and property to activities, events, and programs that are for religious and ministry purposes and/or that are consistent with LCA’s faith, Mission, purpose, and witness, and User represents and warrants to LCA the purpose and User’s planned use of facilities are consistent with the foregoing standard. User agrees to comply with any policies, rules and procedures promulgated by LCA or Meadow Creek Church, including, but not limited to, the covenants stated below, with respect to and in the course of User’s use of the facilities under this License Agreement. (e) User shall use and keep the facilities and the property in a clean and orderly manner and facilities and shall be responsible for providing, at User’s own expense, janitorial or other services needed to clean the facilities and make any needed repairs to the facilities after the term ends. (f) This License Agreement shall remain force during the Term only as long as User complies with LCA’s faith, mission, purpose and witness, all LCA policies that may relate to use of the facilities, and the Covenants and LCA reserves the right to terminate this License Agreement and User’s access to the facilities upon any User violation of any of the foregoing. Without limiting the foregoing, User understands and agrees that User’s privilege to use facilities automatically terminate if User engages in any conduct or avocation of conduct that is inconsistent with LCA’s faith, mission, purpose, and witness as determined by LCA. User agrees to notify LCA immediately upon learning that the facilities or property, in whole or part, are being used in any manner or way that is inconsistent with LCA’s faith, mission, purpose and witness. (g) User further agrees and commits to submit to the designated authority of LCA to resolve any disputes relating to the facilities, property, use of the same, or this License Agreement. (h) User understands and agrees it is solely responsible for assessing suitability of the facilities for the purposes, which assessment needs to include, but is not limited to, User determining in good faith and the User’s purposes, which assessment needs to include, but not limited to, User, determining in good faith that the User’s purposed and planned use of the facilities are consistent with the requirements stated in clause (d) of this paragraph above. (i) User also understand and agrees it is solely reasonable for providing security for its use of the facilities and agrees LCA has no responsibility to User or User’s guests or invitees for their personal or property safety, security, and well-being while they are at the property or using the facilities. (j) LCA warrants the User shall have quiet enjoyment while using the facility during the term but make no other commitments, representations, or warranties regarding whatsoever.

6. Warranty and Representation: The Rented Facilities provided to the User under the terms of this Agreement are provided “as is” without warranty and/or representation whatsoever. The User agrees to return the Rented Facilities to LCA in substantially the same condition, normal wear and tear excepted, as it was at the beginning of the User Term. The User will be responsible for all damages to any LCA property caused by the User or arising from the User’s use of the Rented Facilities.

7. Release of Liability: The User hereby releases LCA from all Liability relating to the Rented Facilities or any of the LCA property, including, but not limited to, liability from LCA negligence, whether contributory, sole, or joint, arising out of or related to this Agreement or LCA’s provision of the Rented Facilities to the User.

8. Indemnification: The User agrees to indemnify, defend, and hold harmless LCA, its officers, employees, agents, members, and assigns from and against, and to pay LCA upon demand the amount of, any suits, claims, complaints, damages, judgments, penalties, fines, losses, costs, and expenses (including legal expenses and court costs) of whatsoever kind and nature, imposed upon, incurred by, or asserted against LCA in any way related to or arising from the execution, enforcement, or performance of this Agreement or the User’s use of the Rented Facilities. The User’s duty to indemnify, defend, and hold harmless LCA pursuant to this section includes, but is not limited to, claims related to or arising from bodily injury or death or from damage to property and the loss of use resulting from such damage, regardless of whether such injury, death, or damage occurs to individuals or property owned by individuals who are participants in the User’s events and activities and, regardless of whether such injury, death, or damage was caused in whole or in part by any act or omission of LCA.

9. Evidence of Insurance: One week prior to the rental period, the user will provide a certificate of Commercial General Liability (CGL) insurance. The certificate of insurance will show that LCA is named as an “additional insured” on the CGL policy, but only with respect to the use of LCA for the rental period.

10. Parking: All parking services will be controlled by LCA. The school may require the User to hire police to direct traffic and parking lot attendants at the expense of the User.

11. Security: Security may be required by LCA. Expenses for these services will be the responsibility of the User.

12. Financial: All outstanding prior charges and current deposits owed to LCA must be paid in full in order to confirm the reservation of facilities for the rental period. LCA is under no obligation to hold facilities for this event if deposits and outstanding charges are not received within ten (10) days after this contract has been issued.

13. Controlled Substances: LCA absolutely prohibits the possession and/or use of alcohol and mood-altering drugs on the campus. Smoking is prohibited on campus.

14. Sponsorship: Any User renting a LCA facility is prohibited from expressly or by implication claiming LCA sponsorship of any event held at the church. LCA reserves the right to review and approve all materials which identify the church as the location of the event or use LCA’s name in any way to ensure compliance with this requirement.

15. Laws and Regulations: User agrees that it will not use the premises for any unlawful purposes, and will obey all laws, rules, and regulations of all governmental authorities while using the above described facilities.

16. Artistic Standards: LCA reserves the right to cancel any program, performance or promotion which violates those standards or is otherwise scandalous, indecent, or antithetical to the church’s mission, as determined by LCA in its sole discretion.

17. Signage: Prior approval of signs/notices and the placement must be obtained prior to placement in or on the building. Repairs for damage or clean-up will be billed to the User. Equipment or accessories are not allowed in the building without the knowledge or permission of the LCA administration.

18. Capacity: In no event or rental period shall tickets to a concert, entertainment, or exhibition at LCA be sold

or distributed in any manner in excess of the seating capacity of the gymnasium.

19. Cancelation: If any of the above terms and conditions of this contract is breached by the user renting LCA,

the administration of LCA, in his/her sole discretion, as the authorized representative of LCA, shall have the

absolute right to cancel this contract. Any amounts paid or payable to LCA under this agreement as of the date of

cancellation shall be non-refundable. LCA reserves the right to cancel any reservation should the need arise.

Occasionally, activities scheduled on a long-term basis will have dates that conflict with events that are later

planned by the church. LCA school and church functions and ministries have priority over other user. If LCA must cancel an activity the user will receive a full refund of the fee (including deposit).

20. Prohibition of Assignment: User may not assign or transfer this Agreement, either in whole or in part.

21. Entire Agreement: This Agreement represents the entire agreement between the parties with respect to the Rented Facilities. No representations, warranties, promises, guarantees, undertakings, or agreements, oral or written, express or implied, have been made by LCA with respect to the Rented Facilities except as expressly stated herein.

22. Amendments: This Agreement can only be changed by an agreement in writing signed by

both LCA and the User, except that LCA may, by its own action, modify the rules for usage at any time with twenty-one (21) days prior written notice.

23. Rules and Policies: By signing this Agreement the User acknowledges receipt and willingness to abide by the building and gymnasium rules and policies.