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HomeMy WebLinkAbout"Oh Baby" SportsPlex - 2019 RENTAL AGREEMENT THIS AGREEMENT is made on the date below between the City of Waterloo, Iowa Sportsplex, hereinafter called "Sportsplex", and Oh Baby Sports Productions, LLC, dba Cedar Valley Court Kings, hereinafter called "Oh Baby". The purpose of this Agreement is to allow Oh Baby to rent from the Sportsplex facility, a basketball court for the purpose of providing a venue for professional or semi- professional basketball teams to play games during their league season. 1. Term. This Agreement shall commence on the 1St day of February, 2019, and shall remain in full force and effect for an initial term ending on the 30th day of September, 2019. This Agreement may be renewed upon agreement of both parties, but Oh Baby must notify Sportsplex by December 31St of each year as to whether or not it intends to renew this agreement for the following Spring term. 2. Payment Provisions. Oh Baby shall pay to Sportsplex the sum of Four Hundred Dollars ($400.00+tax)for each game played at Sportsplex. Payments shall be due at the end of each month and checks shall be made payable to City of Waterloo. If,for example,the basketball court is rented five (5) times during a particular month, the payment due at the end of the month would be Two Thousand One Hundred Forty Dollars($2,140.00). 3. Provisional Playoff Games. There is a possibility for games to be played on Saturday July, 6th, and Sunday,July 7th. If these games are necessary,the payment will be $400.00+tax for a single game, and $700.00+tax for a double header. 4. Items Provided by Oh Baby. Oh Baby shall provide the following: (a) Evidence of insurance for liability and equipment and personal injuries in an amount of at least$1,000,000.00. (b) Referees, scorekeepers,ticket takers,and any and all other employees and personnel or volunteers necessary for the operation of the basketball games. (c) Security in the form of a Waterloo Police Officer for each game. (d) If single game tickets are for sale,this will be the responsibility of Oh Baby. 5. Items Provided by Sportsplex. Cedar Valley Sportsplex shall provide the following: (a) All floor markings as needed by the basketball teams to adhere to MBL League rules will be done by the Cedar Valley Sportsplex. However,there will be no advertising on the floor. (b) One basketball court on the main floor of the Cedar Valley Sportsplex,free and clear of any and all interference from any other patrons, individuals or activities which might hamper the playing of the game. -2- (c) 5 sets of tip and roll bleachers which may be necessary for attendance purposes. A working scoreboard. (d) Locker rooms for the players. Presently, it is contemplated that locker room#128 would be provided for players. Players would have to provide their own padlocks for lockers. (e) No other semi pro or minor league basketball team can play their home games in the Cedar Valley Sportsplex during the Court Kings season. This is anticipated to be from April 1,2017 through July 31,2017. (f) If Cedar Valley Sportsplex has a tournament during the MBL season,the Sportsplex will give Oh Baby Productions a 24 hour notice in order to clean the concession stand. 6. Times. The employees of Oh Baby can be in the facility 2%hours in advance of each game to set up for the game. This would include, bleachers, etc. Players can be allowed on the basketball court one hour prior to game time for practice and warm up. 7. Concessions. Oh Baby shall have the right to sell concessions and merchandise on the premises. However,they must not sell any alcohol,and they would be responsible for the individuals who would take the money and be responsible for the concessions and merchandise. Oh Baby would have to secure any necessary licenses or permits to allow sales of concessions and/or merchandise. No vending machines in the Sportsplex can be available to Court Kings patrons from the time the doors open for home games until the end of the game. The Sportsplex will not turn the machines off, but will place "Out of Order" signs on the machines until the end of the game. 8. Damages. Any damage done to backboards or rims belonging to Sportsplex by the players during practice time, set up time,or the games,shall be the responsibility of Oh Baby to pay for and repair,or to reimburse Sportsplex for any repairs made. 9. Compliance with Laws. The parties agree to comply with all State, Federal,and local laws and regulations governing the use of this facility. 10. Independent Contractor. Oh Baby Sports Productions, LLC is an independent contractor. Nothing in this Agreement is intended,or shall be deemed,to constitute a partnership or joint venture between the parties. Oh Baby is not to be deemed to be an employee of the City or Waterloo or Sportsplex. 11.1ndemnification. To the fullest extent permitted by law,each party shall indemnify,defend, protect,and hold the other party, including its officers,officials, board members and employees, harmless from any liability,claim,demand,damages, losses,judgment, lien, penalty,fine, interest, costs and expenses(including reasonable attorney fees and litigation costs),arising out of or in conjunction with the intentional or negligent acts of their respective employees and/or agents or players. -3- 12.Notice. All notices required to be served by this agreement shall be in writing and shall be sent by certified or regular U.S. Mail, postage prepaid. Notices shall be served on Oh Baby Sports Productions, LLC by mailing them to Cedar Valley Court Kings, c/o Gary Rima, P.O. Box 1204,Waterloo, Iowa 50704-11204;Cedar Valley Sportsplex by mailing them to 300 Jefferson Street,Waterloo, Iowa 50701,Attention: Mark Gallagher, unless otherwise instructed. 13. Remainder of Agreement A. This Agreement shall be interpreted,construed and governed by and under the laws of the State of Iowa,without regard to conflict of law principles. B. If any provision of this Agreement is held to be invalid by a Court of competent jurisdiction,such provision shall be deemed severed,and any such invalidity shall not affect the other remaining portions of this Agreement. C. No provision of this agreement may be modified unless it is in writing and duly signed and acknowledged by the parties. 14. Assignment. This Agreement may not be assigned by either party,with the express written consent and/or permission of the other. l r, � �,. Dated and executed on this day of 201 J CITY OF WATERLOO, IOWA By: _ �t i, 14-( .� Mr.Quentin M. Hart Mayor of Waterloo, IA Dated and executed on this day of �,6 201 Oh Baby Sportductionsl�"L By. Gary Rima CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 12/12/2018 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 CONTACT NAME: Customer Care Center West Bend Mutual Insurance Company aC N Extl: (866)926-4244 NC No): (262)365-2200 1900 South 18th Avenue rMAIL s: customercareCwbmi.com ADDRE West Bend WI 53095 INSURER(S)AFFORDING COVERAGE NAIC If INSURER A: West Bend Mutual Insurance Company 15350 INSURED INSURER B Oh Baby Productions,LLC INSURER C: Cedar Valley Court Kings INSURER D: PO Box 1204 INSURER E: Waterloo IA 50704 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 Master 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 001.SUBK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYV MM/DD/YYVY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX1 OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A A110775 01/22/2019 01/22/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY ❑PRO- OTHER: LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT OFFICER/MEMBEREXCLUDED? ❑ N/A $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Waterloo&Cedar Valley Sportplex is listed as additional insured under the general liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Waterloo&Cedar Valley Sportsplex ACCORDANCE WITH THE POLICY PROVISIONS. 300 Jefferson St AUTHORIZED REPRESENTATIVE Waterloo IA 50701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD