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HomeMy WebLinkAbout"Oh Baby" SportsPlex - 2020RENTAL 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, 2020, and shall remain in full force and effect for an initial term ending on the 30th day of September, 2020. This Agreement may be renewed upon agreement of both parties, but Oh Baby must notify Sportsplex by December 315t 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 All-Star Weekend. There is a possibility for an All-Star weekend for the OBA. This weekend will be considered as single game events. If this weekend is necessary, the payment will be $400.00+tax for Saturday night, and $400.00+tax for Sunday night. Times will be at 7:00 pm or a time worked out between Oh Baby and the Cedar Valley SportsPlex. 4. Provisional Playoff Games. There is a possibility for games to be played on Saturday July, 18th, and Sunday, July 19th. If these games are necessary, the payment will be $400.00+tax for a single game, and $700.00+tax for a double header. 5. 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. 6. Items Provided by Sportsplex. Cedar Valley Sportsplex shall provide the following: (a) All floor markings as needed by the basketball teams to adhere to OBA League rules will be done by the Cedar Valley Sportsplex. However, there will be no advertising on the floor. 1 (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. (c) 5 sets of tip and roll bleachers which may be necessary for attendance purposes. A working scoreboard. (d) 40 courtside chairs/seats for each home game played in the Cedar Valley SportsPlex (e) 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. (f) 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, 2020 through July 31, 2020. (g) If Cedar Valley Sportsplex has a tournament during the OBA season, the Sportsplex will give Oh Baby Productions a 24 hour notice in order to clean the concession stand. 7. Times. The employees of Oh Baby can be in the facility 2Y2 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. 8. 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. 9. 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. 10. Compliance with Laws. The parties agree to comply with all State, Federal, and local laws and regulations governing the use of this facility. 11. 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. 12. Indemnification. 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 2 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. 13. 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. 0. 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. 14. 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. 15. Assignment. This Agreement may not be assigned by either party, with the express written consent and/or permission of the other. Dated and executed on this day of C be-- 20_. CITY 0c CITY OF WATERLOO, IOWA By: C 1,- c Mr. Quentin M. Hart Mayor o Waterloo, IA q Dated and executed on this /t day of dCJ�' , 20%/ Oh Baby Sport •roducti.` s, L By: 3 Gary Rima