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AGREEMENT BETWEEN THE CITY OF CHARLOTTESVILLE • AND BOYS & GIRLS CLUB OF CHARLOTTESVILLE / ALBEMARLE THIS LEASE AGREEMENT is entered into this I" day of December, 2005, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA (City), a municipal corporation, and the BOYS & GIRLS CLUB OF CHARLOTTESVILLE / ALBEMARLE, a Virginia corporation operating as a 501 (c) (3) organization (Boys & Girls Club). (1) TERM: This lease shall be in effect from November 1, 2005 to October 31, 2010, unless terminated sooner by either party. The Boys & Girls Club shall pay rent in the amount of $1.00 per year, due and payable by the first day of November of each year. (2) PREMISES: The leased premises shall be the Smith Recreation Center, less and except Smith Pool. (3) TERMINATION: This lease may be terminated by either party for any reason upon ninety (90) days prior written notice to the other party, or as otherwise provided herein. (4) INSURANCE: This lease shall not be effective unless and until the Boys & Girls Club submits a certificate of general liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) in the • aggregate and not less than One Hundred Thousand Dollars ($100,000.00) with respect to property damage per occurrence. Such insurance policies shall name the City as an additional insured with respect to any and all activities of the Boys & Girls Club on or arising out of the use of the leased premises. (5) INDEMNIFICATION: (a) The Boys & Girls Club hereby agrees to defend, indemnify and hold harmless the City and it's officers, agents and employees from any and all claims, damages, expenses or liabilities of whatever nature arising directly or indirectly out of the leased premises by the Boys & Girls Club. (b) The Boys & Girls Club shall give written notification to the City's Chief of Operations for Recreation of any incident during the use of the premises by the Boys & Girls Club which results in the destruction of property, personal injury, or requires the assistance of law enforcement officers or emergency medical personnel. (6) EQUIPMENT: The Boys & Girls Club will be responsible for maintaining, repairing and replacing all facility equipment provided by the City's Department of Parks and Recreation and used in the operation of the program. Such equipment shall include pool tables, table top games and furniture. The placement and location of any and all vending machines must be approved in advance by the City's Recreation Centers Supervisor or the Chief of Operations for Recreation. •