22.10.2014 Views

LICENSE AGREEMENT - The Management Group Associates, Inc.

LICENSE AGREEMENT - The Management Group Associates, Inc.

LICENSE AGREEMENT - The Management Group Associates, Inc.

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>LICENSE</strong> <strong>AGREEMENT</strong><br />

THIS <strong>LICENSE</strong> <strong>AGREEMENT</strong> (the “Agreement”) is made this ______ day of<br />

____________________, 20_____, by and between Manchester Farm Community Association, <strong>Inc</strong>., a<br />

Maryland corporation (“Association” or “Licensor” and<br />

___________________________________________________________________________<br />

(“Licensee”)<br />

having an address of __________________________________________________________<br />

WHEREAS, Licensee desires to acquire and Licensor is willing to give, a non-exclusive license<br />

for the Licensee’s right to use the Association’s Community Center solely for the purpose hereinafter<br />

described (the “License”).<br />

NOW THEREFORE, for and in consideration of the agreements set forth hereinafter, and for<br />

good and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,<br />

Licensor and Licensee hereby mutually agree and covenant as follows;<br />

1. Licensor hereby gives Licensee (the “License”), with the accompanying rights and<br />

privileges and subject to the obligations and duties of this Agreement, use of the Association’s<br />

Community Center located at 13851 Hopkins Road, Germantown, Maryland (the “Community<br />

Center”)<br />

on ________________________________________(date) solely for the following purpose:<br />

______________________________________________________________. All other uses of<br />

the Community Center in accordance with this License are strictly prohibited. Licensee estimates<br />

that the number of participants/attendees using the Community Center in accordance with the<br />

terms of this License will be ___________.<br />

2. <strong>The</strong> Agreement shall commence at ______________o’clock which is the time that<br />

Licensee shall require access to the Community Center. This Agreement shall terminate at<br />

_____________ o’clock which is the time that all clean-up, as discussed in the attached rules and<br />

regulations is completed and the Community Center is vacated.<br />

3. Upon executing this Agreement, Licensee shall remit to Licensor a Rental<br />

Fee of $225.00 and a Deposit Fee of $225.00, to be provided at the time of making reservation.<br />

<strong>The</strong> amount incurred by Licensor to remedy any damage to the Community Center or to perform<br />

any clean-up or maintenance, as determined by Licensor in its sole discretion, shall be deducted<br />

from the Deposit Fee. <strong>The</strong> remainder of the Deposit Fee, if any, shall be returned to Licensee<br />

within 45 day(s) of completion of the License. If the Deposit Fee is insufficient to correct the<br />

damage, clean-up or maintenance costs, Licensor shall submit an invoice to Licensee for the<br />

difference and Licensee agrees to remit the invoice amount within ten (10) days of receipt of<br />

invoice. Any unpaid amounts shall be assessed to the Licensee’s account and collected in the<br />

same manner as an assessment.<br />

Manchester Farm Community Association, <strong>Inc</strong>. 13851 Hopkins Rd., Germantown, MD 20874 (301) 515-9100<br />

Last Updated: May 19, 2012


4. Licensee agrees to abide by and shall ensure that all guests and attendees abide by the<br />

Association’s recorded Declaration of Covenants, Conditions and Restrictions (the “Declaration”),<br />

Bylaws and the Association’s Community Center Rules and Regulations, a copy of which is<br />

attached hereto and incorporated herein.<br />

5. Licensee agrees to indemnify and hold the Association, its employees, agents, directors,<br />

officers and assigns harmless against any and all claims, damages, liability or expenses, including<br />

reasonable attorney’s fees, resulting from the use of the Community Center, including but not<br />

limited to, loss of life, personal injury and/or damage to personal property of any kind by<br />

Licensee, his or her guests and attendees. Licensee agrees to be responsible for control of the<br />

Community Center and the actions of all guests and attendees, including but not limited to the<br />

monitoring of noise, while on the Association’s Property, as such term is defined in the<br />

Association’s Declaration.<br />

6. In the event the Association’s Board of Directors, after notice and a hearing in accordance<br />

with Article XVI, Section 16.04, of the Declaration, determines that the Licensee has violated the<br />

terms of this License Agreement or the Community Center Rules and Regulations, or if the<br />

damage, clean-up or maintenance costs exceed the Deposit Fee, Licensee shall be prohibited from<br />

entering into a License Agreement for a period of one (1) year from the date of this Agreement.<br />

7. <strong>The</strong> License herein given shall not be assignable or transferable in any fashion, same being<br />

deemed personal to the Licensee. Any attempts to transfer this License shall cause an immediate<br />

termination of the License.<br />

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first<br />

above written.<br />

Manchester Farm Community<br />

Association, <strong>Inc</strong>.<br />

___________________________________<br />

(Licensee)<br />

____________________________________<br />

(Manchester Farm Agent)<br />

Hm: Phone _________________________<br />

Wk: Phone: _________________________<br />

Other: _____________________________<br />

FOR OFFICE USE ONLY<br />

Deposit Fee Paid___________<br />

Rental Fee Paid____________<br />

Check #___________<br />

Acct. Status __________<br />

Amount of Damage $__________________<br />

Balance of Deposit Fee $_______________<br />

Mailed on:____________________<br />

Manchester Farm Community Association, <strong>Inc</strong>. 13851 Hopkins Rd., Germantown, MD 20874 (301) 515-9100<br />

Last Updated: May 19, 2012


MANCHESTER FARM COMMUNITY ASSOCIATION, INC.<br />

COMMUNITY CENTER RULES & REGULATIONS<br />

REVISED 5.19.12<br />

<strong>The</strong>se Rules and Regulations concern the “private use” of the Community Center by residents of the Association<br />

and do not apply to the use by the Association, its Board of Directors, councils, committees, or management. For<br />

purposes of these rules the term “private use” shall be defined as use for any and all purposes other than by the<br />

Board of Directors, its established councils and committees, management, or clubs and activities recognized by the<br />

Board. Any person wishing to use the facilities for fund raising or profit making purposes must get Board approval<br />

before reservation will be accepted.<br />

1. All persons using the Community Center and its facilities do so at their own risk and sole responsibility. <strong>The</strong><br />

person making the reservation is responsible for the conduct of each of his/her own guests. <strong>The</strong> owner/resident, on<br />

behalf of himself/herself and guests, releases Manchester Farm Community Association, <strong>Inc</strong>. from any claims<br />

arising from the use of the Community Center. <strong>The</strong> owner/resident shall indemnify and hold harmless the<br />

Association for any and all damages and costs (including reasonable attorney’s fees) which the Association incurs<br />

as a result of any claim being brought against it as a result of the use of the Community Center.<br />

2. Manchester Farm Community Association, <strong>Inc</strong>. will not be responsible for the loss of or damage to, any personal<br />

property of any kind of its owner/resident or their guests.<br />

3. An owner/resident who wishes to use the facility can obtain a request from the Association office or website.<br />

<strong>The</strong> form must be completed and returned to the Association office for approval at least ten (10) working days but<br />

not more than one hundred twenty (120) days before the date the owner/resident wishes to use the Community<br />

Center. Reservations will be approved if the request form is approved and the owner of the unit is current in<br />

Homeowner assessment payments, the facility is available at the time requested, the use to which the facility is to<br />

be put is appropriate, and the $225.00 deposit along with the $225.00 rental fee has been paid. Checks or money<br />

orders are the only form of acceptable payment. A cancellation fee of $20.00 will be charged if notification is<br />

received seven (7) or more days in advance. Notification of less than seven (7) days will result in forfeiture of<br />

the entire $225.00 rental fee.<br />

4. First-come, first-served use will be based on date of receipt of the completed application and payment check for<br />

the rental fee.<br />

5. <strong>The</strong> Community Center shall be left clean and undamaged. Clean-up must be completed by the departure time<br />

noted on the request form. A fee schedule of charges for failure to clean or care for the Community Center and its<br />

facilities applies, and any fees will be deducted from the deposit. If the fees are more than the deposit amount, the<br />

owner/resident will be assessed for the excess.<br />

6. <strong>The</strong> maximum allowable occupancy of the Community Center, as furnished, is 120 persons.<br />

7. Parties/functions must end no later than 12:00 a.m. (midnight) on weekends (Friday/Saturday) and 10:00 p.m. on<br />

weeknights (Sunday through Thursday). <strong>The</strong> day preceding a federal holiday if not a Friday or Saturday shall be<br />

considered a “weekend”, and 12:00 a.m. shall be considered the latest function ending time on those nights. <strong>The</strong><br />

ending time is electronically monitored, and a surcharge of $50.00 for each 30 minutes will be added for late<br />

departures.<br />

8. All activities shall remain at a noise level where no resident will be disturbed.<br />

Manchester Farm Community Association, <strong>Inc</strong>. 13851 Hopkins Rd., Germantown, MD 20874 (301) 515-9100<br />

Last Updated: May 19, 2012


9. <strong>The</strong> owner/resident who signed the License Agreement must be in attendance from beginning to end of the<br />

scheduled event.<br />

10. <strong>The</strong> owner/resident who made the reservation shall be responsible for the actions of any minors using the<br />

Community Center or its facilities. Any functions involving minors must be properly supervised. A minor is<br />

defined as being younger than 18 years old. No alcoholic beverages may be consumed by minors on the common<br />

areas or within the facility in accordance with State Law.<br />

11. Smoking is not permitted in the Community Center building or the fenced area at poolside at any time. <strong>The</strong><br />

owner/resident must direct anyone who smokes to do so in the front of the facility, and to dispose of cigarette butts<br />

in appropriate receptacles.<br />

12. <strong>The</strong> owner/resident will be responsible for any missing items and for any damage to the Community Center’s<br />

furnishings such as stains on the furniture or carpet, damage to walls, bathrooms, etc. including tampering with the<br />

fire alarms and misuse of the alarm system. <strong>The</strong> building, and all appliances, equipment and furnishings must be<br />

used and treated appropriately, and not abused or broken. Any work required to restore the facility and furnishings<br />

to their original condition will be billed to the owner/resident at cost plus a $100.00 fee. If the key to the<br />

Community Center is lost or stolen, the owner/resident will be assessed the cost of a new lock installed by a<br />

locksmith.<br />

13. <strong>The</strong> owner/resident is responsible for proper use of the fire alarms and alarm system and will be responsible for<br />

all fees that may arise as a result of misuse of or tampering with these systems. A fee of $25.00 will be charged<br />

should the alarm monitoring service register a building alarm due to improper activation or deactivation of the<br />

alarm system that results in Association management being contacted.<br />

14. An inspection of the facility prior to use will be done with the General Manager and the owner/resident. Any<br />

damages at that time will be noted. This inspection is a must in order to avoid charges for any damages prior to<br />

use.<br />

15. No pets shall be allowed in the Community Center.<br />

16. All trash must be collected, bagged securely, and placed in the dumpsters located at the front entrance to the<br />

swimming pool.<br />

17. <strong>The</strong> deposit will be returned by mail upon completion of an inspection by the General Manager, return of the<br />

Community Center key, confirmation of vacate time, and deduction of fees as may be applicable.<br />

18. <strong>The</strong>se rules may be revised or additional rules established at any time as approved by the Board of Directors.<br />

19. Any balloons used for decorating the facility must be secured and not allowed to float to the ceiling, as they<br />

may become entangled in the ceiling fans and damage the motors. Subsequent repairs may be billed to the<br />

owner/resident (Licensee).<br />

20. <strong>The</strong> owner/resident who reserves the facility is responsible for returning the facilities and surrounding<br />

grounds to a clean and damage-free condition. If the owner/resident does not do any of the following after the<br />

function, the owner will be fined for noncompliance. To avoid full or partial loss of deposit and potential additional<br />

fines, please:<br />

a. Ensure no one smokes inside the Community Center building or the enclosed patio area.<br />

b. Do not attach anything to the walls using tape, tacks, nails, etc. Two (2) tack strips are in place for<br />

attaching decorations and hooks are located at the tops of all windows for attaching streamers or other<br />

decorations.<br />

Manchester Farm Community Association, <strong>Inc</strong>. 13851 Hopkins Rd., Germantown, MD 20874 (301) 515-9100<br />

Last Updated: May 19, 2012


c. Remove trash from bathrooms and all other areas of building at the end of your function, securing in bags<br />

and disposing bags inside the trash containers located near the entrance of the swimming pool.<br />

d. Wipe clean all surfaces, including counter tops, cabinets, furnishings and fixtures.<br />

e. Remove all personal items, checking refrigerator, freezer, cabinets and closets.<br />

f. Check all outside areas of building perimeter to ensure no trash, cigarette butts or other debris remain.<br />

g. Leave carpet undamaged and without stains.<br />

h. Leave walls clean and undamaged.<br />

i. Ensure that no furnishings are missing from the Community Center.<br />

j. Wipe clean all chairs and table tops and return them to the closet next to the Association office.<br />

k. Turn off all lights.<br />

l. Lock and secure all exterior doors and windows.<br />

m. Arm/disarm the building security system upon entering and leaving the facility.<br />

n. Return the Community Center key to the Association office after securing the building, leaving key in the<br />

mail slot unless other instructions are provided.<br />

o. Adhere to the arrival and departure times indicated on rental agreement.<br />

20. Open flames of any sort are not permitted inside the Community Center or inside the fenced patio area in the<br />

rear of the building.<br />

21. Charcoal, gas or propane grills are not permitted inside the building or in the fenced patio area in the rear of the<br />

building.<br />

Additional reasonable cost or fees for cleaning and/or maintenance, in addition to Attorney’s collection fees, may<br />

also be assessed as may be directed by the Board of Directors or its designee.<br />

IF DAMAGE IN EXCESS OF THE DEPOSIT IS INCURRED IN THE COMMUNITY CENTER THE<br />

UNIT OWNER WILL BE BARRED FROM RENTING THE FACILITY FOR A PERIOD OF ONE (1)<br />

YEAR.<br />

FOR ANY EMERGENCIES OTHER THAN FIRE YOU MUST CONTACT THE MANAGEMENT<br />

GROUP ASSOCIATES AFTER HOURS ANSWERING SERVICE AT 301-948-6662. IF THE<br />

MANAGEMENT GROUP ASSOCIATES IS NOT CONTACTED THE UNIT OWNER WILL BE<br />

RESPONSIBLE FOR ALL PAYMENTS DUE TO CONTRACTORS REGARDLESS OF FAULT.<br />

Please sign here, indicating you have read and are familiar with the Rules and Regulations for the use of this<br />

facility:<br />

Homeowner / Resident: ________________________________________ Date: ________________<br />

Please let us know if you found any problems with the rental of your community center; any damaged or nonfunctioning<br />

appliances or fixtures, etc. We would also like to hear of any suggestions you might have for<br />

enhancing this facility.<br />

Manchester Farm Community Association, <strong>Inc</strong>. 13851 Hopkins Rd., Germantown, MD 20874 (301) 515-9100<br />

Last Updated: May 19, 2012

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!