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VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

Page 1 of 7

Piedmont Virginia Community College

Facilities Use Agreement (Third Party Single-Event or Scheduled Use of College Facilities)

This Facilities Use Agreement (this “Agreement”) is made as of ________________, 20____ , between

PIEDMONT VIRGINIA COMMUNITY COLLEGE (the “College”), and

_____________________________________ , a Virginia (the “User”).

In consideration of the mutual agreements in this Agreement and all attachments to it, the parties agree as follows:

A. Certain Basic Terms

and Information:

1. Address of User: __________________

________________________

_________________________________________

User’s Contact Information:

Authorized Representative: _________________________

Phone:

_________________________

Cell: _________________________

Email: _________________________

On-site Representative (if different) ________________________________________

On-site Representative cell phone: _________________________________________

3. Name of Event: _____________________________________________________ (the “Event”)

4. Date and Time of

Event(s)

: One Time: The date and time of the Event shall be for the hours from

_____________ on ____________________________

_____________ on ____________________________, for the

event described in Paragraph A.7. below.

Recurring: At ____________ on the following days/dates:

_______________________________________________.

5. Facilities: The areas of the College’s campus described specifically in Paragraph

B below and Exhibit A attached hereto and made a part hereof (the

“Facilities”).

6. Event Fee: In consideration for the User’s use of the Facilities pursuant to this

Agreement, the User shall pay the College the Facilities Use Fee, in the

amount(s) and according to the schedule on the attached Exhibit B, by

checks made payable to the College and delivered to:

Piedmont Virginia Community College

501 College Dr.

Select From Dropdown List

VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

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Charlottesville, VA 22902

Attn: Vice President for Finance and Administrative Services

7. Authorized Uses: DESCRIBE USES WITH SPECIFICITY AND IN DETAIL HERE.

INCLUDE PURPOSE OF EVENT, EQUIPMENT NEEDED,

CHARGE FOR ATTENDEES, FOOD SERVICE PROVISIONS, ETC.

_________________________________________________________

8. Are there any potential concerns for this event that PVCC should be aware of?

_______ Yes ______ No

If yes, please explain:

_________________________________________________________

B. Agreement: The College hereby permits the User to use 1) on a nonexclusive basis, certain College

roadways and parking areas on campus for the Event to be held on the dates and times set forth in A.4

above, and 2) certain of the College’s land for the purpose of set-up, conducting the Event, a vendor area

and parking, and restoration of the Facilities to their condition prior to the Event, and such other uses as are

described specifically in A.7 above. Specifically, the User shall have the right of reasonable access to the

locations shown on Exhibit B attached hereto and made a part hereof, at the date(s) and times specified in

paragraph A.4 above. User shall have nonexclusive access to the Facilities at the stated times solely for the

Authorized Uses in A.7 above. The User’s use on the day prior to the Event shall be limited to setup

activities and on the day after the Event shall be limited to cleanup/restoration activities. User agrees to

accept all the Facilities in as-is condition and shall leave them in the condition received. It shall be User’s

responsibility to repair and/or clean the Facilities, at User’s sole cost and expense, in order to return the

same to their condition prior to the Event. The User shall be fully responsible for ensuring that the

Facilities are safe for participants of the Event and that it has communicated with the College regarding

what police and safety services are adequate to address all applicable laws, safety codes and regulations.

The College reserves the right at all times to control all of the Facilities, areas and other resources of the

College, including, without limitation, the right to relocate User into alternative, comparable space on

campus, and to enforce all applicable laws, rules and regulations relating thereto. Duly authorized

representatives of the College may enter the Facilities for maintenance at any time and on any occasion

without any restriction whatsoever.

C. Equipment, Services Provided by the College, and Utilities: The College shall provide certain services

in the manner and at the costs set forth on Exhibit C attached hereto and made a part hereof. In addition,

the User may request the College to provide certain other equipment, services or other resources in

connection with the User’s use of the Facilities. To that end, User shall request, in writing, at least ten (10)

days prior to the scheduled event for such equipment, services or other resources, the nature and quality of

VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

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such desired use. To the extent that the User’s use of the Facilities will require extraordinary utility

consumption, the User shall pay the College for such utility consumption (e.g., electricity) by User in the

Facilities and for any equipment rentals or other usage of services or resources under this provision at the

College’s standard rates. Such rates will be provided to the User upon request. To the extent that the User

provides its own equipment for use at the Facilities, such use shall be subject to the prior approval of the

College, and the College shall not be liable for any damage or loss to such equipment, unless such loss is

caused by the gross negligence or willful misconduct of the College.

D. User’s Responsibilities: The User shall be responsible for obtaining and paying for any and all necessary

licenses and/or royalties required by all applicable copyright laws, and for advertising and ticket printing, if

any. The User shall be responsible for all of its own costs and expenses, including without limitation any

payments made to any union, guild, or artists association hired by the User for the matters covered by this

Agreement. The User is responsible for paying all applicable state and federal taxes, if any, relating to

User’s activities under this Agreement. The User will be charged Virginia Sales Tax for any rentals or other

items for which such sales tax would apply, unless a current exemption is appropriate and available to User.

The User may use only the Facilities set forth in this Agreement. Under no condition shall any

unauthorized person undertake repair, service or alteration any portion of a Facility without the prior written

consent of the College which may be withheld in the College’s sole and absolute discretion.

E. Liability: The User assumes any and all risk of loss, damage, or liability whatsoever which the User, the

User’s officers, agents, employees or invitees may sustain while using the Facilities. The College, its

officers, agents and employees shall not be liable for any injury, damage or loss of personal property which

occurs on or about the Facilities caused by the negligence or misconduct of the User, the User’s officers,

agents and employees or invitees or their use of the Facilities. The User shall defend, indemnify and hold

the College harmless from any and all losses, expenses, demands, actions, suits, claims or liabilities of

whatsoever nature resulting from any injury or death to any persons or any property damage related to

User’s use of the Facilities.

F. Insurance: The User shall maintain, at the User’s expense, during the term of this Agreement, liability

insurance in which both the User and the College, its officers, agents and employees, are named as insureds

with minimum policy limits of two million dollars for personal injuries, including death, and one million

dollars in aggregate for all property damage; the term of such coverage shall coincide with the term of this

Agreement. The insurance policy shall contain a provision which states that it cannot be canceled except

upon at least fifteen (15) days prior express written notice to all insureds. The User shall keep such

insurance in place and current throughout the term of this Agreement and shall furnish the College, at least

two (2) weeks prior to the Event, with copies of the policies required hereunder.

G. Nature of this Agreement: The parties understand that: i) this agreement is a contract and not a real

property lease, ii) the relationship hereunder is that of contracting parties and not that of landlord and

tenant, and iii) this Agreement does not convey an interest in real estate. As such, the College reserves the

right to change the location of the Facilities or to terminate this Agreement in accordance with the terms

hereof.

H. Damages and Loss: If the Facilities incur any loss or damage as a result of the User’s use, User’s

negligence or willful conduct or that of the User’s employees, agents or invitees, the College will repair

and/or replace damaged or lost property as required to restore it to its condition before the damage or loss,

and will invoice the User for the cost, due and payable upon receipt. The User is deemed to have accepted

VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

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the Facilities and other College resources described here in the condition existing as of the date of this

Agreement, except for only latent, undisclosed defects of which the College had knowledge.

I. Miscellaneous: The User cannot assign this License in whole or part without the College’s express prior

written consent, which consent may be withheld in the College’s sole and absolute discretion. The User

shall not represent or imply, in any way, that the User is affiliated with the College, and the User shall not

represent or imply that the College endorses, co-sponsors or approves of the User’s activities without the

College’s express written permission. In addition, it is understood that the User is not authorized to release

the college telephone number to the public for the purpose of the college providing information on the

scheduled event. The college telephone may be used for emergencies during the scheduled event. This

Agreement contains all the parties’ understandings and agreements related to the User’s use of the

Facilities, and may be changed only by an agreement in writing signed by both parties and attached hereto.

This Agreement shall be governed by the laws of the Commonwealth of Virginia, without reference to

conflict of law principles. The User is subject to all applicable state and federal laws and the College’s rules

and regulations. In its performance under this Agreement, the User acts and will act as an independent

contractor, and not as an agent or employee of the Commonwealth.

J. College Rules and Regulations: The User and its employees, agents, representatives and attendees shall

comply with all applicable laws, codes, regulations, policies and procedures of the College and the Virginia

Community College System, including without limitation the following – attendees at the Event are

prohibited from: smoking in public buildings; possession of illegal substances; cooking or serving food,

except in designated kitchen areas; possession of animals, except when required to assist disabled persons;

tampering with fire system or fire safety equipment; possession of any weapon or facsimile, fireworks, or

other flammable materials; or disruptive, destructive or dangerous behavior.

Under certain circumstances, the User may request alcoholic beverages at an Event. The User must provide

a Virginia Alcoholic Beverage Control Board (ABC) banquet license to the College at least two weeks prior

to the event. The College reserves the right to deny the use of alcoholic beverages at Events regardless of

banquet license status. Under no circumstances will alcoholic beverage use be approved by the College

if the event involves the College's students and/or any persons under the age of twenty-one.

K. Cancellations or Changes Made by College: The College is not liable for any cancellation or change in

location caused by events beyond the College’s reasonable control, such as acts of God or acts of the

Commonwealth in its sovereign or contractual capacity. The College will close to the public, including

persons who wish to attend on-campus events, if the College’s designated officials determine there is

reasonable cause, such as weather emergency, power outage, water outage, civil unrest, threat to national

security or any other occurrence that, in the opinion of the College’s officials, is potentially and sufficiently

dangerous to persons on campus or traveling to campus. The College shall not be responsible for any costs

resulting from a cancellation or delay due to weather emergency, power outage, water outage, civil unrest,

threat to national security or any other occurrence that is potentially dangerous to persons on campus.

Event fees are non-refundable, provided, however, that the College will make a reasonable attempt to

reschedule events that have been cancelled.

VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

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Insert here any applicable conditions or insert “NONE ”

______________________________________________________________________________________

_________________________________________________________________________________

BBBBB

ate Provisions: This Agreement and the parties hereto are subject to the following additional provisions

required by the Commonwealth: Because the College, as an entity of the Commonwealth of Virginia,

cannot accept certain standard clauses that may appear in typical contracts between private parties, as a

matter of law and policy of the Commonwealth of Virginia, the User agrees that no provision described

below which appears in any accompanying contract shall be of any force and effect against the College:

a. a

requirem

ent

that

the College assume any liability for personal injury or property damage not

authorized by the Virginia Tort Claims Act;

b. any provision constituting anyone other than a duly authorized college employee as the agent of the

College;

c. a provision requiring the College to indemnify, save, and hold any person, entity or party harmless

from any risk, damage, or cost whatsoever;

d. a provision permitting or requiring the application of the law of any state other than that of Virginia in

the interpretation or enforcement of the contract, including this addendum;

e. a provision limiting the User’s liability for property damage or personal injury due to fault or

negligence;

M. Additional Conditions (if any): This agreement shall be contingent upon the User providing to the

College the following items on or before _________________________________________,

L. Entire Agreement: This Agreement constitutes the entire agreement between the parties relating to the

matters covered hereby. This Agreement terminates at the end of the term set forth in paragraph A.4 above,

regardless of whether the event scheduled by the User occurs or is completed. Extensions or modifications,

if any, to this Agreement, shall be made only by a written agreement between the parties.

VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

Page 6 of 7

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized

officials, on the dates set forth below:

COLLEGE:

PIEDMONT VIRGINIA COMMUNITY COLLEGE

Signature:____________________________________________

Name: ______________________________________________

Title: Vice President for

Administration and Finance

Date: ____________________

USER:

__________________________________

Signature:

________________________________________

Name:______________________________________

Title:_______________________________________

Date: ____________________

In addition, if this Agreement is for a sum in excess of $10,000, then the User agrees to comply with the following

provisions required by the Virginia Public Procurement Act: § 2.2-4311 of the Code of Virginia (regarding anti-

discrimination) and § 2.2-4312 of the Code of Virginia (regarding maintaining a drug-free workplace).

l. Requiring the College to waive legal rights that by law may only be waived by the Attorney

General of the Commonwealth of Virginia.

k. purporting to afford the User a remedy against the College that is not otherwise available by virtue

of the sovereign immunity of the Commonwealth of Virginia, at common law, or under the United

States Constitution.

j. requiring the College to withhold information from the public contrary to the requirement of the

Virginia Freedom of Information Act.

i. any term that requires the College to engage in, or submit to, binding arbitration.

h. any term imposing personal liability upon the officer or employee who signs the contract for the

College;

g. any term requiring the College to abide by the rules of unions or any other non-governmental

association;

f. any requirement that the User be named as a coinsured to any insurance policy or program of self-

insurance maintained by the College;

VCCS Facilities Use Agreement Last Revised – 2/26/10

(Third Party Single Event or Scheduled Use of College Facilities)

EXHIBITS (on separate pages):

EXHIBIT A

FACILITIES TO BE USED

EXHIBIT B

EVENT FEES

EXHIBIT C

SERVICES PROVIDED

The College agrees to provide the following services at the rates listed below, provided, however, that the User shall

give the College at least two weeks prior written notice for the College to do so:

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