GUFC Agreement

Rental Time Lease Agreement – K&K Property Ventures LLC

This Rental Time Lease Agreement (“Agreement”), effective as of the 16th day of June, 2023 (“Commencement Date” is made between K&K Property Ventures LLC, 4618 Ridge Road West, Spencerport, NY 14559 (“Lessor”) and Greece United F.C. (GUFC), P O BOX 26828 Rochester, NY 14626 (collectively the “Lessee”).

                WHEREAS Lessor owns a building and land located at 4618 Ridge Road West, Spencerport, NY 14559; and

                WHEREAS Lessor desires to grant Lessee permission to rent indoor & outdoor space located at 4618 Ridge Rd West, Spencerport, NY 14559.

                NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth and other good and valuable consideration, the parties agree as follows:

1. Premises

The premises (hereinafter “Premises” or “Facility”) are defined as 4618 Ridge Rd West, Spencerport, NY 14559.

2.Rental/Usage Times/Fields

The Rental/Usage Times/Fields as set forth in Exhibit A attached hereto will detail the specific dates and times, including monthly starting & ending dates for each year that this Agreement is in effect.  

The demised premises is comprised of approximately Seventy Two Thousand (72,000) square feet dome structure, (2) two outdoor grass fields, (1) turf training field located on the north side of property, a designated portion of which shall be identified by Lessor and utilized by Lessee as recreational space for their club or organization as training, scrimmage or game space.  In addition, Lessee will have access to facility equipment so as long as it respects the equipment and does not recklessly or negligently cause damage.  If damage is caused to Lessor’s equipment by Lessee, its agents, employees, members or guests, in a reckless or negligent fashion, Lessee shall be responsible for the cost of replacement of such equipment, said cost being treated as additional rent hereunder. The Lessor or its affiliates may use the Facility for camps and clinics and training during times not otherwise reserved by the Lessee.

3. Term

This Agreement shall begin on the Commencement Date as shown above and shall continue for a term of five (5) years starting October 1st, 2024, ending on the 1st day of May 2029.  The term will automatically renew 60 days prior to expiration at an additional ten percent (10%) per hourly rental rate as shown in paragraph 4 unless written notice is given by Lessee to Lessor of its election to terminate this agreement.

4. Rent/Lease

Lessee shall pay to Lessor, in advance per the payment schedule set forth on “Exhibit A”, an hourly rent of Five Hundred & Fifty Dollars ($550.00) per full field so long as this Agreement shall be in effect. Such rent will be conditioned on the understanding that Lessee will be committed to a minimum yearly usage of twenty-six (26) weeks and Lessor will be paid in accordance with the terms set forth in “Exhibit A” attached hereto. 

5. Holding Over

Lessee shall have no right to utilize or occupy the subject premises subsequent to termination of this Agreement.

6. Insurance and Indemnity

 Lessee will keep in force at its sole expense as long as this Agreement remains in effect, a standard policy of Comprehensive General Liability Insurance that shall cover the negligence of the Lessee or Lessee’s employees, members, agents and/or guests with respect to the use of the facility. Such insurance shall be maintained with reputable insurance companies carrying an AM Best Rating of A or better. This insurance shall afford protection to the limit, without deductible, of not less than one million dollars ($1,000,000.00) combined single limit with respect to personal injury, death, and property damage including but not limited to causes of action arising from negligence or gross negligence of Lessee, its employees, members, agents and/or guests. Lessor shall be named as an additional insured with respect to any and all losses and risks insured against and the policy shall contain a waiver of subrogation clause in favor of the Lessor.  A copy of such Insurance policy meeting these requirements shall be delivered to Lessor prior to the first occupancy of the subject premises.  The Insurance Company underwriting such policy shall also be required to notify Lessor in the event that such policy is canceled for non-payment or otherwise.

7. Indemnification

Each party shall indemnify and hold harmless the other party from any liability, losses, damages, claims, suits or actions, judgments and expenses of litigation (including reasonable attorney’s fees) which may arise or grow out of injury to or death of any person or damage to any tangible personal property caused by the negligence or willful misconduct of such party, its agents, employees, contractors or customers. In case either party shall, without fault on its part, be made a party to any litigation commenced by or against such party for which it is to be indemnified hereunder, then the other party shall protect and hold harmless and pay all costs, penalties, charges, damages, expenses and reasonable attorney’s fees incurred or paid by the party to be indemnified hereunder.  Whenever any loss or damage to property which is covered by insurance occurs resulting from any cause other than gross negligence of a party, then the party so insured hereby releases the other party from any liability it may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof.  Indemnification to Lessor under this provision shall also include indemnification by Lessee to Doug Miller 19, Inc. and 4618 Glacier Ridge LLC in addition to K&K Property Ventures LLC.

8. Default

In the event that Lessee fails to pay the Rental Amounts when due or fails to perform any obligation under this Agreement, the Lessee shall be in default after ten (10) days written notice from Lessor, and Lessor shall have the right to immediately terminate this Agreement and Lessee shall vacate the Facility upon such notice. Lessee shall be responsible for all sums due under this Agreement accruing before such termination, as well as the balance of monies due for remaining rents through the end of the Term, along with all costs resulting from the default and termination (including but not limited to attorney’s fees), which sums shall be immediately due and payable upon receipt of such written notice.

9. Lessee’s and Lessor’s Covenants

 Lessee and Lessor agree to comply with and abide by all the terms and conditions of this Agreement during the entire term hereof. Lessee acknowledges that its use of the Facility pursuant to this Agreement is subject to all of the rules, regulations and conditions set forth in the Lease, as well as any Facility Rules provided by Lessor to Lessee or otherwise posted at the Facility, and all local, state and federal governmental regulations as they may apply. Lessee agrees to observe and abide by all such rules, regulations and conditions.

10. Use

The facility shall be used specifically for the recreational use of Lessee’s members, agents, employees or guests.  No signage of Lessee shall be allowed in the Facility or elsewhere on Lessor’s property.

11. No Rights Created in Third Persons

This agreement is intended solely for the benefit of the parties hereto and does not create any rights in persons not parties to this Agreement.

12. Reconciliation

The masculine gender, wherever used herein, shall include the feminine; the feminine shall include the masculine; the neuter shall include both the masculine and feminine; and the singular shall include the plural wherever necessary or appropriate.

13. Assignment and Sub-Letting

 Lessee may not assign this Agreement or further license or sub-let all or any part of the Facility or rental time without the prior express written consent of Lessor.

14. Notices and Demands

Except as otherwise provided herein, all notices and demands hereunder shall be in writing and shall be deemed to have been duly given and made when personally delivered or deposited in an official depository under the exclusive care and custody of the United States Postal Service, certified mail, return receipt requested and postage prepaid, or upon receipt if sent by express courier service, receipt requested, at the respective addresses set forth:

If to Lessor:                       

Douglas Miller

12530 Climbing Vine Ct

Windermere, FL 34786

                                                K&K Property Ventures LLC

                                                4618 Ridge Road West

                                                Spencerport, NY   14559

 If to Lessee:                      Greece United F.C. (GUFC)

                                               Pete LaRosa – Co - President                                      

                                              Marc Dall  – Co - President

                                              Keri Kephart – Vice President

                                              PO Box 26828
                                              Rochester, NY 14626

Notices shall be deemed received and effective upon personal delivery or receipt as evidenced by the U.S. Postal Service Return Receipt Card or upon delivery by a nationally recognized overnight courier. The address to which notices or demands may be given or made by either party may be changed by such party providing written notice to the other party pursuant to this paragraph.

15. Severability

 In the event that any one or more of the provisions contained herein shall for any reason be held unenforceable in any respect by any court of competent jurisdiction, such unenforceable provision shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such unenforceable provision or provisions had never been a part of this Agreement.

16. Disclaimer of Consequential and Other Damages

In no event shall Lessor be liable to Lessee for any damages sustained to any of Lessee’s personal property or items, nor for any consequential damages suffered by it, or by any third party claiming on behalf of or through Lessee, in connection with this Agreement or with any breach of this Agreement.  Lessor’s liability to Lessee shall be limited to the reimbursement of prepaid rent, if any, due to acts of God which result in Lessor’s inability to provide the use of the leased premises to Lessee for a period of thirty (30) consecutive days.

17. Choice of Law and Venue

The construction, interpretation and performance of this Agreement shall be governed by the laws of the State of New York, with venue in the County of Monroe, New York.

18. Section and Paragraph Headings

The section and paragraph headings are included only for the convenience of the parties and shall not be used to interpret the meaning of provisions contained herein or the intent of the parties hereto.

19. Entire Agreement; Amendments

This Agreement, along with any Exhibits and attachments hereto, constitutes the entire agreement between Lessor and Lessee relative to the Facility and the premises, and may be altered or amended only by and instrument in writing signed by both parties hereto. Lessor and Lessee agree hereby that all prior or contemporaneous agreements and promises between and among themselves relative to the premises and Facility shall not survive and are merged into this Agreement.

20. Successors and Assigns

This Agreement shall inure to the benefit of and be binding upon the respective heirs, administrators, executors, successors and permitted assigns of the parties hereto; provided, however, that this provision shall not be construed to allow an assignment or sub-letting which is otherwise prohibited other than as addressed in paragraph 12 above.  Specifically excepted from this prohibition is an assignment on the part of Lessor in the event that the subject premises / Facility is transferred or sold to a third party.

21. Abandoned Property

Lessor may retain, destroy or otherwise dispose of any property left on the premises at the end of the term. Any expenses incurred by Lessor in such destruction or disposal shall be borne by Lessee.

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives to be effective as of the Commencement Date.

LESSOR

K&K Property Ventures LLC

By:_________________________  Date:_________________

Douglas Miller, Managing Member

LESSEE

Greece United F.C. (GUFC)

 By:_________________________  Date:________________

   Pete LaRosa – Co - President

EXHIBIT A
Training Days and Times at Facility       

●       Total Indoor leased hours – 156 per year for 5 years

●       Indoor leased hourly price - $550

●       Yearly rental cost - $85,800

●       Total 5-year rental cost - $429,000

________________________________________________________________________

Payment Schedule

●       Starting July 1st, 2024 and ending April 1st 2025, ten (10) equal monthly payments of $8,580.00 per month.  All payments will be due on the first day of the month.

●        Year 2, 3, 4 and 5 of the agreement will be billed similarly over a 10-month period.

Pick 26 of the 28 weeks listed for indoor time.  Indoor time must end at the end of April each season.

EXHIBIT B

K&K Property will also allow GUFC to hold a 3 day soccer tournament at Glacier Ridge Sports Park in the month of July at no additional cost.  This is part of the 5 year agreement and GUFC will be allowed to conduct 1 tournament each year at no cost.  GUFC will also be able to host a two (2) day tryout for their program at Glacier Ridge Sports Park at no additional cost in the following years of this agreement.  2023, 2024, 2025, 2026, 2027, 2028