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HomeMy WebLinkAboutYoung Arena - Battle of Waterloo Wrestling 2021YOUNG ARENA SPECIAL EVENTS CONTRACT This Agreement is entered into by and between the City of Waterloo, Iowa, by and through the Waterloo Leisure Services (hereinafter, "Lessor") And Waterloo Community Schools/ Battle of Waterloo Wrestling (Hereinafter "Lessee") for an in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The terms of the Agreement are as follows: 1. TERMS AND PREMISES. Lessor agrees to permit Lessee to use Young Arena beginning on the 16th day of December 2021 and ending on the 18th day of December 2021 to the following -described real estate, situated in Waterloo, Black Hawk County, Iowa, to wit: See attached Exhibit "A"; Locally known as Young Arena 125 Commercial Street, Waterloo, Iowa, 50701. 2. RATES. The Lessee agrees to pay the City of Waterloo for the rental of Young Arena and facilities by the following rates: RENTING OF THE ARENA FOR DRY -FLOOR EVENT Rental of the arena- $ 6000 Set- up/tear down- Parking- Police- Y.A. Security- Paramedics- Electrician- * Chair rental- * Table rental- * Stage/skirting rental- * Backdrop- * Ushers- * Ticket takers- * Ticket sales- * Catering food/beverage- * Furniture rental- * Forklift operator * I man lift- * 6 ft. glass/netting removal- * Board removal- * IF NEEDED TOTAL RENTAL FEE: $6000 3. RENT. Lessor rents to Lessee and Lessee agrees to pay as rent the following sum per month/year the facility known as the Young Arena. Deposit shall be Five Hundred ($500.00) Dollars, which shall be remitted as security, deposit upon the signing of this Agreement. 4. ADVERTISING. Lessor shall have sole discretion as to all advertising and publicity material including but not limited to its use and location. 5. REVENUE SHARING. For the term of this Agreement, Lessee agrees to pay Lessor a guarantee of $0 Dollars for the use of the leased space (s) or 0 % Percentage of the gross receipts from all activities generated at Young Arena, whichever amount is greater, and in addition, agrees to pay $0 Dollars for the move in/move out/set up. 6. PERSONNEL. Unless otherwise specified, Lessor shall obtain for Lessee and Lessee agrees to pay through Lessor each individual employed at a special event, or agrees to pay the representative of each group for the individual employed by said group, and for any other requested personnel for said event. 7. INSURANCE AND INDEMNITY. 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. 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, provided that any such claim, damage, loss, or expense is cause in whole or in part by any negligent act or omission or other fault of Lessee or anyone directly or indirectly employed by it or anyone for whose acts Lessee may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability, which may arise out of the Agreement. In order to fulfill this provision of the Agreement, Lessee shall furnish a Certificate of Insurance naming Lessor and Young Arena/City of Waterloo as additional insurers with minimum coverage of Three Million Dollars ($3,000,000) per occurrence. 8. EQUIPMENT. Lessee may install and promptly remove its own special equipment services and supplies, and shall operate them all at its own expense and liability, and upon failure to remove any property from the building or grounds immediately following completion of any event for which Lessee has agreed to, Lessor may remove said equipment and/or supplies with complete reimbursement for all costs incurred therefor to be paid by Lessee. 9. CARE AND MAINTENANCE OF PREMISES. Lessee agrees to return to Lessor in the same or substantially similar condition as it received said property, except natural wear, tear, or any acts beyond the control of Lessee any property used. Any damages to the foregoing property shall be repaired with the security deposit, and Lessee shall immediately remit to Lessor any deficiencies not covered by said security deposit. 10. LAWS. Lessee agrees to obey all federal, state and local laws, which may apply to this Agreement, including the use of Young Arena. 11. CONCESSIONS. All concessions in and about Young Arena during any events shall be under the exclusive charge and control of Lessor, and Lessee shall have no interest financially or otherwise therein. Lessor's employee (s) shall have free access to the premises at all times necessary, but they may not unreasonably interfere with activities of Lessee. 12. PROGRAMS AND NOVELTIES. Programs and novelties maybe sold by Lessee or Lessee's designated agent, said sale and/or agent subject to prior approval of Lessor. Lessor shall designate stand location (s) in order to merchandise any items. A mutually agreed upon percentage of all gross sales shall be paid to Lessor, said percentage to be determined at least thirty (30) days prior to the effective date of Agreement. 13. INFRINGEMENTS. Lessee shall not effect any infringements, including patents, trade marks, or copyrighted materials, and shall assume any and all liability therefor. 14. UTILITIES AND SERVICES. Lessor, during the term of this Agreement shall be responsible for all utilities. 15. ASSIGNMENT AND SUBLETTING. Any assignment of this Agreement or subletting of the premises or any part thereof, without Lessor's prior written permission shall, at the option of Lessor, void this entire Agreement and immediately accelerate any and all amounts due, and Lessee shall immediately surrender the premises and abide by all other provisions of the Agreement which may apply at that time. 16. DEFAULT. In the event Lessee breaches any of the provisions contained in this Agreement, Lessee shall be in immediate default of said Agreement, and Lessor, at its option, shall have the right to immediately terminate this Agreement and repossess the premises. All amounts owing and due Lessor shall become immediately payable to Lessor. 17. LIENS. Neither Lessee nor anyone claiming by, through, or under Lessee, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon the demised premises or upon any building or improvement thereon, or upon the leasehold interest of Lessee therein, and that no contractor, subcontractor, or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of Lessor, Lessee covenants and agrees to give actual notice thereof in advance, to any and all contractors, subcontractors, or anyone who may furnish or agree to furnish any material, service, or labor. 18. LESSOR'S LIEN AND SECURITY INTEREST. Lessor shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions thereof, kept and used on said premises by Lessee. Lessor may proceed at law or in equity with any remedy provided by law or by this Agreement for the recovery of rent, or for the termination of the Agreement because of Lessee's default in its performance herein. 19. NOTICE AND DEMANDS. Notices as provided for in this Agreement shall be given to the respective parties hereto at the respective addresses designated herein: Lessor to Chris Dolan, Young Arena Manager, at 125 Commercial Street, Waterloo, Iowa, 50701, and Deb Jacobs 319 4334816 Unless either party notifies the other in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such as message shall be considered given under the terms of this Agreement when sent, addressed as above designated, postage prepaid, by the United States mail and so deposited in a United States mail box. 20. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement contained herein shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. 21. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Agreement may in any manner be modified, waived, or abandoned, except by a written instrument duly signed by the parties' authorized representatives and delivered to the parties. This Agreement contains the entire agreement of the parties. 22. TOBACCO AND SMOKE FREE FACILITY. Lessee understands that Young Arena is a tobacco 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 agent, employee, or other person under Lessee's control violates said tobacco free condition. Accordingly, Lessee shall make every effort to prevent any use of tobacco, including the chewing or smoking thereof, in Young Arena during the term of this Agreement. 23. CROWD CONTROL. Lessee shall be solely responsible for the control of its organization's participants, friends, family, and/or fans while attending any event at Young Arena. Failure to abide by this provision may, at Lessor's discretion, be a default as provided for herein and cause a breach of this Agreement. 24. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided by this Agreement, shall be construed as cumulative and no one of them as exclusive of that allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either may be entitled. STATE OF IOWA ) BLACK HAWK COUNTY) On this ned ur eVNIF , J LESSEE By: ss. day of a V&YY"N Ij&r , 2021 , before me, the otary Public in a oState of Iowa, personally appeared ►C� YY11(7'1 to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,.•'"� . DEBRA A.H. JACOBS COMMISSION NO. 708536 f MY C MMI SION EXPIRES Notary Public in and for the State df Iowa CITY OF WATERLOO, IOWA BY V Quentin M. Hart, Mayor ATTEST: Kelley Felchle qCity Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this a `� day of �bVQ-YYL.b1�-� , 2021 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, 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 Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act deed and the voluntary act and deed of the corporation, by it voluntary executed. Not�ry Public in`aJ,�d for the State of Iowa P%A4S KENDRA WYATT Z '- COMMISSION NO. 817787 *,ten * MY COMMISSION EXPIRES /OWN JULY 059 2022 Act CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) �' 1 11 /11 /2021 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 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 PDCM Insurance P.O. Box 2597 Waterloo IA 50704 .com INSURERA: Em to ers Mutual Com anies 21415 INSURED WATECOM-01 INSURER B : Accident Fund Ins. Cc of Am. 10166 Waterloo Community School District 1516 Washington Street INSURERC: Waterloo IA 50702 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 949580397 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, ILTR TYPE OF INSURANCE ADDDL S VDR NUMBER POLICPOLICY MM DDY EFF POLICMM/DDYIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 1D19735 7/1/2021 7/1/2022 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑ PRO JECT ❑ LOC PRODUCTS - COMP/OP AGO $ 4,0001000 OTHER: A AUTOMOBILE LIABILITY 1E19735 7/1/2021 7/1/2022 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS $ A X UMBRELLA LIAB X OCCUR 1J19735 7/1/2021 7/1/2022 EACH OCCURRENCE $ 9,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ %000,000 DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 2000034453 7/1/2021 7/l/2022 X STATUTE X ERH- ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ 500,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE - $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A Professional Errors & Omissions 11<19735 7/1/2021 7/1/2022 Limit of Insurance 11000,000 Aggregate 10000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Battle of Waterloo Wrestling Tournament to be held December 16th - 18th at Young Area at 125 Commercial Street. When required in a written contract, City of Waterloo, Iowa, Young Arena & Waterloo Leisure Services are named as an additional insured under the general liability. When required in a written contract, City of Waterloo, Iowa, Young Arena & Waterloo Leisure Services are provided a waiver of subrogation under the general liability. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Waterloo and ACCORDANCE WITH THE POLICY PROVISIONS. Waterloo Leisure Services 715 Mulberry Street AUTHORIZED REPRESENTATIVE Waterloo IA 50703 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD