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HomeMy WebLinkAbout04.28.2003 MEMORIAL HALL RENTAL AGREEMENT This Agreement is made and entered into this a S day of Ct.�,,ij d.O6 3 , by and between the City of Waterloo, Iowa, (hereinafter "Lessor") and /49►'1 s E L. G r o }' 0 w, (hereinafter "Lessee"), for and in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The terms of this Agreement are as follows: Ktd-chtyN aw4 seco t 1. PREMISES. Lessor agrees to permit Lessee to use luor room(s) of Veterans' Memorial Hall located at 655 Cedar Street, Waterloo, Iowa, 50701, beginning on the / fih day of , aC)v j , and ending on the )8+1'1 day of Y la7_ , o0 3 , from h:oU pm. to 5: 3 C3 1(? m. 2. RENT. Lessee agrees to pay Lessor for the use of the above facilities the sum of $ S D °° per day, $ per week, $ per month, $ per year (choose by circling) to be paid prior to the use of the above facilities. 3. RULES. Lessee understands and agrees that Lessee is solely responsible for the use of the above premises and with that in mind understands and agrees to abide by all rules of the Veterans' Memorial Hall, and shall be responsible for requiring those using the facilities to abide by said rules. Any guests or other attendees at Lessee's function(s) shall be required by Lessee to abide by the rules, and Lessee shall be solely responsible for their adherence and conduct. 4. LAWFUL USE. Lessee agrees that any use of Veterans' Memorial Hall shall be for a lawful purpose, and any use otherwise shall immediately cancel this Agreement, and Lessee shall be liable for any and all charges owed Lessor. 5. CANCELLATION. Any cancellation of the use of Veterans' Memorial Hall shall be made at least seventy-two (72) hours prior to the actual use of the premises. Otherwise, Lessee forfeits its security deposit to Lessor. 6. SECURITY DEPOSIT. Lessee understands and agrees that a security deposit must be provided to Lessor at the time this Agreement is signed. Said security deposit shall be in accordance with the established policies of the Veterans' Memorial Hall Commission, attached hereto and made a part of this Agreement as if fully set forth herein. 7. TOBACCO, SMOKE, AND ALCOHOL FREE FACILITY. Lessee understands that Veterans' Memorial Hall is a tobacco, smoke, and alcohol free facility, and any violations thereof may cause the offender to be punished accordingly as well as place Lessee in default of this Agreement if any employee, agent, attendee at Lessee's function, or other person under Lessee's control violates the tobacco, smoke, and alcohol free condition. Accordingly, Lessee shall make every effort to prevent any use of tobacco, including the chewing or smoking thereof, and/or alcohol in Veterans' Memorial Hall during the term of this Agreement. 8. INSURANCE AND INDEMNITY. a. Indemnity. In consideration of the extension of the privilege of using Veterans' Memorial Hall, Lessee agrees to release Lessor, including its employees and agents, from any and all claims and/or causes of action which may arise from this Agreement and/or the use of Veterans' Memorial Hall. To the fullest extent permitted by law, Lessee shall indemnify and hold harmless Lessor, including its consultants, agents, and/or expenses, including but not limited to attorney's fees whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings including trial and appellate levels which may in any way arise out of or result from the occupancy or use of the premises described herein and/or this Agreement. b. Insurance. In order to fulfill this provision of the Agreement, Lessee shall furnish a Certificate of Insurance naming Lessor as - additional insured with minimum L liability coverage of 11U i.(u,„44.4 Dollars ($ 300) 60 0 ) per occurrence. This Certificate shall be furnished to Lessor within five (5) days of the signing of this Agreement. IN WITNESS S WHEREOF we have hereunto set our hands this .28 day of :D03 CITY OF WATERLOO, IOWA "LESSOR" By: Jo R. off, Mayor ATTEST: Nancy Ecker , ity Clerk • s STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this ).$44\ day of -4ph.c.L , L 'Q3 , before me, the undersigned, a Notary Public in and for the Stat! of Iowa, personally appeared John R. Rooff and Nancy Eckert, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and that John R. Rooff and Nancy Eckert acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa g�2/Q 5 "LESSEE" By: L' Cc l By: STATE OF IOWA ) ss. BLACK HAWK COUNTY ) h On this S day of , avo 3 , before me, the undersigned, a Notary Public in an for the State of Iowa, personally appeared /9 n3 , I Gra,ha.w, and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. 7- So-05'-- Notary Publi and for the State of Iowa • . - 1. _ ------ • - -•• : • . , -----• „• ••............ A CORD. CERTIFICATE OF LIABILITY INSURANCECSR TB DATE(MMIDD/YY) HAN1 04/21/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PDCM Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 2597 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Waterloo IA 50704 - Phone: 319-234-8888 INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: An]'el & Joe Graham INSURERC: 2268 Independence Ave INSURERD: Waterloo IA 50707 I INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE-BEEN.REDUCED-BY PAID CLAIMS. - -- - - - - — INSR POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDIYY) DATE(MM DDIYY)LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 300000 COMMERCIAL GENERAL LIABILITY HA0012755801 03/30/03 03/30/04 FIRE DAMAGE(Any one fire) $ CLAIMS MADE X OCCUR ', MED EXP(Any one person) $ 2000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO-JECT- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) • HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO - OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE - AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND U I H- TORY L EMPLOYERS'LIABILITY ORY LIMIWTS ER • E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER: CANCELLATION VETERAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Veterans Memoral Hall IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 104 Cedar St REPRESENTATIVES. Waterloo IA AUTHORIZED REPRESENTATIV 6) • f� Tammy L. Bai ACORD 25-5(7/97) A ORD CORPORATION 1988