Updated SHORT TERM LEASE AGREEMENT- DIOCESE OF METUCHEN July 12, 2017

Short Term Lease Agreement

Below is a list of instructions to be followed when temporarily renting or leasing parish, school or diocesan facilities to other organizations for their own use/event (i.e., one which is NOT sponsored by the parish, school or diocesan institution). Please note that this form should be used whether or not the parish, school, or diocesan institution charges for the use of the space.
1. Rent only to non-profit organizations whose philosophy and purpose are known to be compatible with the teachings of the Roman Catholic Church. If any prospective renter is an unknown entity, request to be furnished with further information on the background of the organization in question. The pastor or principal should contact the Chancellor with any questions about whether to rent to a particular organization.
2. The following Short Term Facility Use Agreement is to be completed and signed by a representative of the renting organization (the User) and the pastor, administrator, or principal. This “rental agreement” is only used in cases of temporary occupancy (seven or fewer consecutive days) and not in the case of more regular or total occupancy of a facility (over seven days) which requires a Lease prepared by the Diocesan General Counsel.
3. In accordance with the Short Term Facility Use Agreement, the User must either: Provide a Certificate of Insurance evidencing General Liability insurance and , where required, Liquor Liability coverage, with limits of at least $1,000,000 per occurrence for bodily injury and property damage and naming the Diocese of Metuchen, NJ, the Bishop of Metuchen (Bishop James Checchio) and property owner (St. Mary's-Stony Hill, and pastor,Msgr.William Benwell) as an additional insured, OR, for qualifying events where there is no Liquor Liability requirement, Purchase the Special Events coverage offered through Porter & Curtis, LLC.

Liquor Liability is required if the Event includes the sale or distribution of alcoholic beverages by an organization that is in the business of selling, distributing, or manufacturing alcoholic beverages.
1. Modifications may not be made to the Short Term Facility Use Agreement without prior approval of the Diocesan General Counsel. This is for our protection.
2. General Counsel Office must receive an executed copy of all Leases.
Questions with regard to these instructions, the Short Term Facility Use Agreement, Certificates of Insurance, or the Application for Special Events Coverage are to be directed to the Diocese of Metuchen, Office of Insurance.
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This Short Term Facility Use Agreement (“Agreement”) is by and between the Diocese of Metuchen, NJ and Enter name of parish, school, or institution (“The Church”) and (“User”).
If to the Church:
Name of "The Church"
Full Name

First NameLast Name
Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip CodeCountry
E-mail
If to the User:
Name of "User"
Full Name

First NameLast Name
Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip CodeCountry
E-mail
The Church and the User hereby agree as follows:
1. Event. The Church agrees to allow User to have the use of the facilities described in this Agreement under the terms and conditions set forth below (the “Event”):.
Facilities:
Date(s):
Please list all dates the facility is requested for
Time(s):
Purpose:
Number of Participants:
Alcohol Served?
Is organization in the business of selling, distributing, or manufacturing alcoholic beverages?
2. Rental Charge. User shall pay to The Church for the use of the facilities. This sum shall be paid as follows:
Total Rental Charge to be Paid:*
Deposit, Due upon execution of this Agreement
Balance Payable on

MonthDayYear
Balance Due $
Total for Rental $
Security Deposit, due upon execution of this Agreement
3. Special Provisions.
Are there any Special Provisions?
List all Special Provisions
4. If the User desires to cancel this Agreement, User shall give notice to the Church at least 14 days prior to the scheduled use. Upon receipt of such notice, the Church will return any monies paid. If User cancels within 14 days prior to the scheduled use, all fees, except for the Deposit identified in Paragraph 2 and the Special Events insurance premium, if any, will be returned to the User.

If The Church deems it necessary to cancel this Agreement, all fees paid shall be returned to User, and the User shall have no claim upon The Church.
5. All notices or other communications in connection with this Agreement shall be in writing to the person set forth below:
Compliance. User shall comply with all state statutes and regulations, and all local or municipal ordinances and regulations regarding public assemblies and use of the facilities. User must arrange for security as required by the local Police Department or ordinance.

6. This Agreement is made solely for the Event set forth in Paragraph 1. User shall not use the facilities for any other purpose unless The Church expressly agrees in writing. User may not assign this Agreement. User shall not permit smoking on the premises, including the fields and parking lots. User shall observe all other regulations related to the use of the facilities and shall comply with the Special Provisions identified in Paragraph 3, if any. User recognizes the nature of the property as Catholic property and agrees to respect and observe appropriate behavior consistent with such property. User agrees that the facilities shall not be used for any activities that are contrary to the teachings of the Roman Catholic Church and that conduct during the event shall be consistent with the values of the Catholic Church. User shall be responsible for the actions of all organizations and persons allowed access to the Premises by User, including, but not limited to, all participants, attendees, youth, visitors, and invitees while they are occupying the Premises or grounds.

7. Security and Safety. User shall make appropriate arrangements to protect the facilities and provide security and safety of persons using the facilities. The User shall advise The Church of the arrangements made at least one week prior to the scheduled use.

8. Acknowledgment and Assumption of Risk. User acknowledges that in the course of the Event, the User or its agents or representatives might cause injuries, death, property damage or other harm to third parties. User accepts and voluntarily incurs all risks of any such injuries, damages, or harm which arise during or result from the Event, except only to the extent caused by the sole negligence or intentional misconduct of The Church or its officers, employees, volunteers, agents, and representatives.

9. Waiver and Release. User waives, releases and forever discharges all claims against The Church and its officers, employees, volunteers, agents, and representatives (hereinafter collectively “Released Parties”) for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from the Event, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.

10. Indemnification and Hold Harmless. User agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits brought against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or result from the Event, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.

11. Insurance. User shall provide the Church with a Certificate of General Liability Insurance coverage naming the Diocese of Metuchen, NJ (Bishop James Checchio) and property owner (St. Mary's-Stony Hill, and pastor, Fr. Brian Nolan) as an additional insured, with limits of not less than per occurrence for bodily injury and property damage, at least one week prior to the scheduled use of the facilities.

As an alternative to the obligations under the Paragraph above, the User may purchase Special Events insurance through the Church’s insurance broker. The User must complete an Application for Special Events Coverage and pay the applicable premium. The application and premium are to be forwarded to the Church at least two weeks prior to the Event.

In addition, if, as identified in Paragraph 1, the Event includes the sale or distribution of alcoholic beverages by an organization that is in the business of selling, distributing, or manufacturing alcoholic beverages, the User shall provide evidence of Liquor Liability insurance naming the Diocese of Metuchen, NJ (Bishop James Checchio) and property owner (St. Mary's-Stony Hill, and pastor, Fr. Brian Nolan) as an additional insured for the same limits as required for General Liability Insurance. A Certificate of Insurance evidencing this coverage, if required, shall be provided one week prior to the Event.

12. Security Deposit. User shall leave all facilities, including fields and parking lots, in the same condition in which they were found. User shall ensure that all lights and water faucets are turned off and doors and windows are locked before leaving the facilities. If the Facilities are not returned to its original condition, or the User fails to comply with the use in Paragraph 7 or any Special Provisions in Paragraph 3, The Church may, at its sole discretion, retain the security deposit identified in Paragraph 2, if any, and seek additional damages as it deems appropriate. If the Facilities are returned in good order, the Security Deposit will be promptly returned.

IN WITNESS WHEREOF, User agrees to be bound by the terms of this Agreement.
The Church & The User
Please sign here.

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