ORDINANCE NO. 2011- AN ORDINANCE OF RADNOR TOWNSHIP, DELAWARE COUNTY, PENNSYLVANIA, APPROVING A LAND LEASE AGREEMENT BETWEEN THE TOWNSHIP OF RADNOR AND THE AGNES IRWIN SCHOOL FOR RADNOR MEMORIAL PARK. WHEREAS, Recnor Township and Agnes Irwin School have negotiated and agreed upon a lease of Radnor Memorial Park; and WHEREAS, Agnes Irwin School intends to construct substantial recreational improvements within Radnor Memorial Park at no cost to Radnor Township; and WHEREAS, § 3.01 of the Radnor Township Home Rule Charter permits the lease of real property by the Township for a term in excess of three years by ordinance. NOW, THEREFORE, be it hereby ENACTED and ORDAINED that the Radnor Township Board of Commissioners hereby approves the Lease Agreement with Agnes Irwin School, a copy of which is attached hereto and incorporated herein. ENACTED AND ORDAINED this day of rAD,, 2011. RADNOR TOWNSHIP By: john W. Title: President isher ATTEST: Robert A. Zienkowski, Seoretaryost FACILITIES OPERATING AGREEMENT THIS AGREEMENT, made and concluded this day of A.D,,2011, by and between the AGNES IRWIN SCHOOL, Ithan Avenue and Conestoga Road, Rosemont, PA (hereinafter referred to as "AIS") and RADNOR TOWNSHIP, a Township of the First Class, with offices at 301 Iven Avenue, Wayne, PA 19087 (hereinafter referred to as “Radnor") BACKGROUND WHEREAS, AIS and Radnor have executed a Lease Agreement for a portion of Delaware County Folio No, 36-02-01238-90; and WHEREAS, the parties desire to establish a Facilities Operating Agreement to be modified annually in order to guarantee coordinsied use of the proposed improvements as described in the Lease Agreement. NOW, THEREFORE, intending to be legally bound, and for other good and valuable consideration, the parties hereto agree as follows: 1, Proposed Improvements. AIS proposes to install an artificial turf field, lighting, spectator seating, and other recreational amenities, all of which must be pre-approved by Radnor prior to such construction in accordance with all applicable ordinances and laws. 2. Field Use, Radnor shall have the exclusive right to schedule the use of the artificial turf field and related recreational amenities at all times when not in use by AIS. Use by AIS shall be defined as Monday through Friday, during the school year from 3:00 p.m. to 6:00 pan., and 3:00 p.m. to 9:00 p.m. on Fridays. AIS shall also have primary use of the field on specific Saturday dates to be mutually established between the parties through an annual event calendar. 3. Outside Organizations. The parties agree that the use of the turf field and related amenities shall be limited to AIS school events and Radnor sponsored athletic events. Any other orgenization desiring to utilize the artificial turf field and amenities for the permitted purposes shall pay a rental fee to be determined in advance by Radnor. Rental fees shall take into account both the use of the field and the utility bills associated with the use of any lights constructed on the property. The proceeds of any such fees shall be divided equally between Radnor and AIS, 4. Scheduling. Radnor shall have sole responsibility for the scheduling of all events or activities on the property. Prior to the use of the sports turf field, AIS and Radnor shall develop a joint calendar of events for the field and shall meet thereafter on an annual basis to establish an annual event calendar.Operation and Supervision. Radnor shall have sole responsibility for the operation of its programs, recreation or otherwise, to be conducted at the property in accordance with this Agreement and the Lease Agreement, AIS shall have sole responsibility for the operation of its programs, recreation or otherwise, to be conducted at the property. Each party shell have the responsibility to make sure that adequate supervision is provided during the conduct of any of its respective programs on the property. Radnor shall have ultimate responsibility for determining proper operation and supervision of any events which occur on the property by AIS or outside organizations. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWNSHIP OF RADNOR AGNES IRWIN SCHOOL. br ieguadssstonabnsbsedadeseiaiaeniinssastonaeny By: Name: John W. Fisher Name: Title: President Title:COMMONWEALTH OF PENNSYLVANIA COUNTY OF ON THIS day of + AD,, 2011, before me a Notary Public, personally appeared JOHN W. FISHER, President of the Board of Commissioners of Radnor Township, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he subseribed the same for the purposes therein contained, IN WITNESS WHEREOF, J hereunto set my hand and Notarial Seal. (SEAL) 3ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF : ON THIS day of , AD., 2011, before me a Notary Public, appeared who acknowledged himself/herself to be the of AGNES IRWIN SCHOOL, and that as such Officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation as such Officer. IN WITNESS WHEREOE, I hereunto set my hand and Notarial Seal. (SEAL) 4ovat LEASE AGREEMENT ‘THIS LEASE AGREEMENT (“Lease”), made and entered into this day of , AD., 2011, by and between the TOWNSHIP OF RADNOR, a Township of the First Class with offices at 301 Iven Avenue, Wayne, PA. 19087 (“Radnor”) and AGNES IRWIN SCHOOL, Ithan Avenue and Conestoga Road, Rosemont, PA 19010-1042, (“AIS”) WHEREAS, AIS desires to use, lease, and improve the property, owned by Radnor, known as Radnor Memorial Park, Delaware County Tax Map Parcel Number 36-02-01238-90, consisting of 115 acres, located at King of Prussia Road and Matsonford Road in Radnor Township Property”) Exhibit “A”; and WHEREAS, AIS agrees to provide, at its sole cost and expense, significant improvements to the Property consisting of the installation of an artificial turf field and other related student athletic improvements (collectively, the “Improvements”); and WHEREAS, after the installation of the above described Improvements, the Property will be available for joint use of both AIS and Radnor in accordance with the conditions set forth below; and WHEREAS, it is hereby mutually agreed that AIS will utilize the Property only for the purposes outlined in this Lease beginning on the full execution of this Lease. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, AIS and Radnor agree as follows:A. LEASE OF PROPERTY 1. In consideration of the mutual covenants and agreements set forth in this Lease, and other good and valuable consideration, including the construction of the artificial mf field and sclated recreational amenities described in Paragraph C. of this Lease, Radnor leases the Property to AIS under the terms and conditions set forth below. B. TERM OF LEASE 1. The initial term of this Lease (“Initial Term”) shall be for fifteen (15) years commencing on the date of full execution of this Lease by both parties and execution of a separate Encilities Operating Agreement ( “Effective Date”). 2. AIS shall have the right to extend this Lease beyond the expiration date provided in Paragraph B.1 on the following terms and conditions: & Should AIS perform all the terms and conditions of this Lease, at the end of the Initial Term, this Lease shall automatically be renewed for an additional term of one (1) year unless either AIS or Radnor gives six (6) months notice of its intent to terminate the Lease. AIS shall be permitted to extend the lease an additional four (4) times for a total combined period of five (5) years beyond the Initial Term, b. ATS may exercise each option to extend this Lease by giving Radnor written notice of its intention to do so not later than six (6) months prior to the expiration of the applicable extended Lease term. cee AIS RIGHTS AND OBLIGATIONS 1 AIS will construct, at its sole cost and expense, an artificial turf field on the Property as generally outlined on the plan and proposed shows-on-a-plan-of Improvements attached hereto and incorporated herein as Exhibit “B” (“Plan”). AIS, with the written approval of Radsor, may