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HomeMy WebLinkAboutFoundation Martial Arts - 5/22/2017FACILITY USE AGREEMENT This Facility Use Agreement (the "Agreement") is entered into as of Mpy 22 , 2017, by and between Foundation Martial Arts ("Renter"), and the City of Waterloo, Iowa, acting by and through the Leisure Services Commission ("City"). NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Premises; Term. City authorizes Renter to use and occupy, on a non-exclusive basis, that portion of the Cedar Valley SportsPlex (the "Facility") that is identified on Exhibit "A" attached hereto (the "Premises"). This authorization does not include the right to use any other part of the Facility except on such terms as apply to Facility members. Subject to the terns of this Agreement, the term hereof shall commence on the date hereof and shall continue on a month-to-month basis thereafter, until terminated by mutual agreement of the parties or upon one party delivering to the other a 30 -day written notice of termination. 2. Responsibility. Subject to the terms of this Agreement, the parties agree that Renter is solely responsible for all activities that it conducts in or about the Premises and that City is not responsible therefor to any extent except as expressly provided herein, and that any undertaking not specifically assumed by City hereunder shall be solely that of Renter. Except for such equipment or furnishings as may be provided with the Premises, Renter shall be solely responsible for all furnishings and equipment needed to conduct its authorized activities. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to be for the benefit of any third party or to impose any obligation upon City or Renter of any kind whatsoever with regard to any third party. 3. Conditions of Use. Renter is authorized to use the Premises subject to the following terms and conditions: A. The Premises may be used only for the usual and ordinary meeting activities of Renter, and for no other purpose or activity. B. The City may use the Premises, or may permit use of the Premises by others, when the Premises are not in use by Renter. In addition, City may rent the Premises to another person or group if it provides no less than seven (7) days' advance written notice to Renter (including notice provided by email to an address provided by Renter). There will be no refund, rebate, or abatement of rent in such cases. C. Upon completion of each meeting or other activity in the Premises, Renter will pick up and dispose of all trash and refuse that remains on the Premises, clean up any spills or residue, and leave the Premises in a condition that is as good and clean as it was before Renter's use on that day began. D. Renter will cooperate with the City in good faith to resolve any issues that may arise relating to its use of the Premises. E. Any storage of equipment or other personal property items on the Premises will be at the sole risk of Renter. The City will provide no security. 4. Usage Fee. For Renter's use of the Premises, Renter shall compensate City as set forth on Exhibit A attached hereto. If rental fees are intended to cover Renter's use throughout a single month, then the rental payment shall be paid, in advance, on or before the first day of each month during the term hereof, unless stated differently on Exhibit A. 5. Alterations. Renter will make no alterations to the Premises without the prior written consent of City. 6. Indemnity. Renter agrees to defend, indemnify and hold harmless City, its officials, officers, employees, and agents, from and against any and all claims, demands, actions, causes of action, costs, fees, expenses, penalties, fines, and liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, existing at law or in equity, whether sounding in tort or contract, arising from or in any way connected with, or claimed to arise from or in any way be connected with, the acts or omissions of Renter, its officers, directors, employees, volunteers, members, customers, patrons, invitees, consultants, contractors, or agents, (a) with respect to any and all activities in or upon the Premises or Facility in connection with Renter's use thereof, including but not limited to any damage done or allegedly done to the Facility, and (b) in otherwise performing their duties under this Agreement. 7. Waiver. Renter agrees that it takes the Premises in their "AS IS" condition, without any representation or warranty by City as to the condition of same or their suitability for any purpose contemplated by this Agreement. Renter hereby waives all claims, demands, actions, causes of action and liabilities of any type or nature whatsoever that it may at any time have against City, its officials, officers, employees and agents, in any way relating to, arising from or in connection with any failure of City to properly maintain, operate and manage the Facility or the Premises in a safe or serviceable manner for any reason or any cause whatsoever, and in support of Renter's covenants under Section 6 and this Section 7, but not as a necessary condition to the effectiveness of said covenants, Renter agrees to include in its customer contracts (if any) a substantially similar waiver running in favor of City, its officials, officers, employees, and agents. 8. Insurance. A. Each party will each keep its respective property interests in the Premises and Facility and its liability in regard thereto, and the personal property on the Premises or in the Facility, reasonably insured against hazards and casualties: that is, fire and those items usually covered by extended coverage. B. Renter further covenants and agrees that it will procure and maintain property damage and general liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not less than $1,000,000. Such insurance shall, at minimum, cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Renter, its officers, directors, employees, volunteers, members, consultants, contractors, or agents. Certificates or copies of said policies, naming City as an additional insured, and providing for thirty (30) days' advance notice to City before cancellation, shall be delivered to City before Renter's first use of the Premises. A renewal certificate shall be provided to City prior to expiration of any policy. C. Renter will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the Premises or upon any 2 personal property of Renter upon which City by law or by the terms of this Agreement, has or shall have a lien. D. Renter further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay any increase in insurance rates on said Premises and on any buildings of which said Premises are a part, due to increased risks or hazards resulting from Renter use of the Premises otherwise than as herein contemplated and agreed. E. Except as expressly stated to the contrary in this Agreement, subrogation rights are not waived. 9. No Assignment. Renter may not assign or sublease its interest in this Agreement or the Premises without the prior written consent of City. 10. Termination for Cause. City may terminate this Agreement at any time for "cause" by delivery of seven (7) days' advance written notice to Renter by certified mail to the address of Renter on file with the City. "Cause" means (a) Renter is in material breach of any term, condition, or provision of this Agreement and shall have failed to cure such breach within ten (10) days of receipt of written notice thereof from City specifying the nature of the breach, or (b) willful and deliberate disregard for the interests of City that are done in bad faith, or illegal conduct causing injury to City. Waiver of any default is not a waiver of any other or subsequent default. 11. Legal Action. If City initiates any action to enforce the terms of this Agreement or to recover damages for the breach hereof by Renter, then if City prevails in such action Renter shall be liable for all attorneys' fees and expenses incurred by City. 12. Relationship of Parties. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Renter nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. Time is of the essence. IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement by their duly authorized representatives as of the date first set forth above. RENTER CITY OF WATERLOO, IOWA Name:P. Arias By: By: uC ' Mayor Title: Attest: j►C,(l,l/.(/ � 6v Ai 3 7 City Clerk EXHIBIT A Facility Rental Agreement Renter: Foundation Martial Arts Contact: Al Yu, Pablo Arias, Jason Ryan, Frankie Mcglaughlin Rented premises: Frequency of use: Rental from 5:30 to 8:30 Tuesdays and Thursdays Rental fee: SportsPlex staff will collect $5.00 for each non-member, SportsPlex will keep first $50.00 each night, club can keep the rest. When is rent paid: RENTER CITY OF WATERLOO, IOWA d/b/a Cedar Valley SportsPlex By. a s By: i,/—. C¢Altr, DENVER Title: fir_ L Title: FAuurn*S SPELAUST ACOKO" CERTIFICATE OF LIABILITY INSURANCE 1/4.----05/222/22/2 DATE t YVV) 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Terry L. Green 8 Associates, Inc. 3100 Five Forks Trickum Road, Suite 101 Lilburn, GA 30047 CONTACT NAME: PHONE r FAX IAM No Extl: (878? 344.9994 (AIC, Nola( 770 978-2780 ) EMAIL RCe.COm ADDRESS: info@esportsinsurance.com INSURER(S) AFFORDING COVERAGE NAIL // INSURER A: Houston Casualty Company INSURER B 92711 INSURED Foundation Martial Arts 5005 Algonquin Dr, Apt 2 Cedar Falls, IA 50613 INSURER C: 05/30/2017 INSURER D: EACH OCCURRENCE INSURER E : INSURER F : CATE NUMBER: Z5Z87NSNR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP IMMIDD/YYYYJ LIMITS }{ COMMERCIAL GENERAL LIABILITY 1]-]006936-20216 05/30/2017 05/30/2018 EACH OCCURRENCE $ 1,000,000 $ 300,000 CLAIMS -MADE [X � OCCUR 12 :01 AM 12:01 AM DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) $ Excluded A. Y PERSONAL 8, ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY PRO- I JECT J LOC PRODUCTS - COMP/OPAGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident) $ __(Ea ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED] (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Accident/Medical Coverage 17-7006436-20216 05/30/2017 12:01 AM 05/30/2018 12:01 AM MAXIMUM MEDICAL $ 100,000 DEDUCTIBLE $ 250 TERMS OF PAYMENT EXCESS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mo e space Is requi ed) Certificate Number: ZSZ87NSNRQ. Covered Activities: Martial Arts.. Locations: ; SportsPlex Cedar Valley, 300 Jefferson Street, Waterloo IA 50701. CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED CANCELLATION Cedar Valley SportsPlex 300 Jefferson Street Waterloo, IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR ESENTATIVE ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of