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HomeMy WebLinkAboutYoung Arena - MYAS/Hawkeye Nationals Wrestling - 12/18-19/2021 YOUNG ARE A SPECIAL EVENTS CONTRACT I This Agreement is entere i into by and between the City of W4terloo,Iowa, by and through the Waterloo Leisure Se-vices(hereinafter,"Lessor") And MYAS/Hawkeve Nationals 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: i 1. TERMS AND PREMISES. IAssor agrees to permit Lessee to use 1foung Arena beginning on the 18th day of December 2021 and ending on the 19th dav of December 2021 to the following-described real estate,situated in Waterloo,Black Hawk County, Iowa,to wit: See attached Exhibit"A"; II Locally known as Young Arena 125 Commercial Street Waterloo, Iowa,5Q701. 2. RATES. The Lessee ees to pay the City of Waterloo for the rental of Young Arena and facilities by tht foIlowing rates: RENTING OF TB F,ARENA FOR DRY-FLOOR E Rental of the are - 3500 Set-up/tear down- Parking- Police- Y.A. Security- Paramedics- Electrician- Chair rental- Table rental- Stage/skirting real- * Back-drop- *Ushers- * Ticket takers- Ticket sales- Catering fo erage- - * Furniture rental- Forklift operator' i i I 1 I i * I man lift- * 6 ft.glass/ne ' g removal- — . * Board removal- IF NEEDED TOTAL RENTAL FEE: 3 0 3. RENT. Lessor rents to Lessee and Lessee agrees to pay as nt the following sum per month/year the facility known as the Young Arena. Deposit hall 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 ena,whichever amount is greater, and in addition, agrees to pay J0 Dollars for them ve in/move outset UP, 6. PERSONNEL. Unles 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 o reach group for the individual employed by said group, and for any other requested perso inel for said event. 7. INSURANCE AND DDEMNITY. Lessee agrees to rele Lessor,including its employees and agents,from y and all claims and/or causes of ac n,which may arise from this Agreement. To th fullest extent permitted by law,Les ee shall indemnify and hold harmless Lessor,including its consultants,agents,and/or exp rises,including but not limited to,attorney's fees whether incurred prior to or during 1 tigation, administrative hearings,arbitrati or bankruptcy proceedings,inclu ' trial and appellate levels,which may in anway arise out of or result from the c ccupancy or use of the premises described herein anor this Agreement,provided that ansuch claim, damage,loss,or expense is cause in whole or in part by any negligent ct or omission or other fault of Lessee or anyone di ctly or indirectly employed by it or myone for whose acts Lessee may be liable,regardl ss of whether or not it was caused k part by a party indemnified hereunder. Furtherm re,the foregoing assumption of liab ility and indemnification shall apply to anliability,which may arise out of the kgreement. In order to fulfill this provision of th Agreement,Lessee shall furnish a ertificate of Insurance naming Lessor and Yet ng Arena/City of Waterloo as additional insurers with minimum coverage of Three Milli on Dollars($3,000,000)per occurrence. 8. EQUIPMENT. Lesseetmay 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 remo a any property from the building or grounds j immediately following complet' n of any event for which Lessee h agreed to,Lessor may remove said equipment anor supplies with complete reimbursement for all costs incurred therefor to be paid by I essee. i i 9. CARE AND MAINTENANCE OF PREMISES. Lesseeees to return to Lessor in the same or substantiaIy similar condition as it received saifproperty,except natural wear,tear, or any acts and the control of Lessee any prope 3used. Any damages to the foregoing properly 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,includi�g the use of Young Arena. i 11. CONCESSIONS. 1 concessions in and about Young A�ena during any events shall be under the exclusi a charge and control of Lessor,and�ve essee shall have no interest financially or otherwise erein. and employee(s)shall free access to the premises at all times necessa�,but they may not unreasonably interfere with activities of Lessee. i 12. PROGRAMS AND�OVELTIES_ programs and novelti s may be sold by Lessee or Lessee's designated ag nt, said sale and/or agent subject to prior approval of Lessor. Lessor shall designate d location(s)in order to merchand se any items. A mutually agreed upon pereentag of all gross sales shall be paid to Le sor, said percentage to be determined at least thirty(3 )days prior to the effective date ofAgreement. 13. INFRINGEMENTS. Lessee shall not effect any infringements,including patents,trade marks,or copyrigh materials,and shall assume any and all liability therefor. 14. UTILITIES AND SE ZVICES. Lessor,during the term of I this Agreement shall be responsible for all utilities. 15. ASSIGNMENT SUBLETTING. Any assignment o this Agreement or subletting of the premises or any an thereof,without Lessor's prior itten permission shall, at the option of Lessor,voi this entire Agreement and immedi ly accelerate any and all amounts due,and Lessee hall immediately surrender the premises and abide by all other provisions of the Agreement which may apply at that time. 16. DEFAULT. In the e t Lessee breaches any of the provisions contained in this Agreement,Lessee shall be i immediate default of said Agreeme t,and Lessor,at its option, shall have the right to i mediately terminate this Agreement and repossess the premises. All amounts owing an due Lessor shall become immediate y payable to Lessor. i i i i i 17. LIENS. Neither Les3ee 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 c ontractor, subcontractor,or any part thereo:F,shall at any time be or become entil led to any lien thereon,and for the further security of Lessor,Lessee covenants and es to give actual notice thereof in advance,to any and all contractors,subcontractors, 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 substitu 'ons thereof,kept and used on said premises by Lessee. Lessor may proceed at law or im 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. 119. NOTICE AND DE S. Notices as provided for in tt is Agreement shall be given to the respective parties ereto at the respective addresses de ignated herein: Lessor to Chris Dolan,Young na Manager,at 125 Commercial S t,Waterloo, Iowa, 50701,and Lance Kl' ammer 608-210-1716 Unless either party notifies the of ier in writing,of a different address. Without prejudice to any other method of notifying party in writing or making a deman#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 Jnited States mail box. 20. PROVISIONS TO BIND AND BENEFIT SUCCESSORS ASSIGNS,ETC. Each and every covenant and agreement contained herein shall extend o and be binding upon the respective successors,heirs,administrators,executors and as igns of the parties hereto. 21. CHANGES TO BE IN WRITING. None of the covenants,provisions,terms, or conditions of this Agreement ff ay in any manner be modified,waived,or abandoned, except by a written instrument d y signed by the parties' authorized representatives and delivered to the parties. This A ement contains the entire agreement of the parties. 22. TOBACCO ANDS KE 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 wel as place Lessee in default of this eement if any agent, employee,or other person der Lessee's control violates said tobacco free condition. Accordingly,Lessee s 1 make every effort to prevent any use of tobacco, including the chewing or smoking!thereof,in Young Arena during the term of this Agreement. i 23. CROWD CONTROi. Lessee shall be solely responsible,,,'br 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 p breach of this Agreement. 24. RIGHTS CUMULATIVE. The various rights,powers,oons,elections and remedies of either party,provident by this Agreement, shall be construed as cumulative and no;one of them as exclusive of that allowed either party by law,ai id shall in no way affect or impair the right of either party to pursue any other equitable Qr legal remedy to which either may be entitled. f i i i i it 1, � i t i k TRI 1 LESSEE I 1t �Vf�S I By. By. STATE OF IOWA ) ss. BLACK HAWK COUNTY) j On this_0 day of DV C vet C4- ,2021 ,before ,the unde signed,a Notary Public in and for tho Statc of Iowa,personally a ared to me knoum to be the identical persons named in and who executed the foregoing instrument and acknowledged that they excepted the same as their voluntary dc:t and deed. p A Notary Public ' land for t le Sta of Iowa DAPS_ JEFth N RThiFIELO Np,tty FU Gl c State of tgil' nesot s ,1 My GOm;:�isBi n Expifas I s January 3 ,2023 i mo :3 x I I I � 1 r J E 4 i i I CITY OF WATE{2LOO,IOWA By � Quentin M. Hart,Mayor I ATTEST: I i Kelley Felchle, ity Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) T On this�_da} of I fCJ12-WA -la g,/ 2021 . before me, the undersigned,a Notary Public "n and for the State of Iowa personally appeared Quentin'M.Hart and Kelley Felc e,to me personally known,and wh ,being by me duly sworn,did say that they are the yor and City Clerk,respectively,of�}►e 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, NANCY HIGBY COMMISSION NO.788229 No bli i d f • e 5@w of Iowa .ow. MY 5. MMfSI N EXPIRES I I I ACORU CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYVV) 11/29/2021 THIS CERTIFICATE IS ISSUED ASA 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 Lora Hicks NAME: Park Valley Young Insurance Agency PHO Ext), (763)463-0100 A/c,Nog 063)463-0105 7054 East Fish Lake Road E-MAIL lora@parkvalleyyoung.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL N Maple Grove MN 55311 INSURERA: Secura Insurance 22543 INSURED INSURER B: UNITED STATES LIAB.INSURANCE CO. Minnesota Youth Athletic Services,Inc. INSURER c: 1011 Osborne Road INSURER D: INSURER E: Spring Lake Park MN 55432 INSURER F: COVERAGES CERTIFICATE NUMBER: CL214609371 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 AUULSUdKI POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YVYY (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I I OCCUR PREMISES Ea occurrence $ 100,000 X Event Liability MED EXP(Anyone person) $ 10,000 A X Contractual Liab. Y 20-CP-003162483 03/30/2021 03/30/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE $ 2,000,000 X POLICY ❑ PRO- ❑LOC 2,000,000 JECT PRODUCTS-COMPIOP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS I ) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE 20-CU-003239568 03/30/2021 03/30/2022 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ElNIA E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ DIRECTORS&OFFICERS LIAB. OCCURRENCE 2,000,000 B &PROFESSIONAL LIAB. ND1566006 04/17/2021 04/17/2022 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured:HAWKEYE NATIONALS WRESTLING TROUNAMNET YOUNG ARENA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN HAWKEYE NATIONALS WRESTLING TROUNAMNETYOUNG ACCORDANCE WITH THE POLICY PROVISIONS. 110 CAMPBELLAVE AUTHORIZED REPRESENTATIVE Waterloo IA 50701 '_..z.'"}'`~•.a�,�..�.. ',le.,f.�'-' ....�-.r'-G- " ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD