HomeMy WebLinkAboutYoung Arena - Waverly Wrestling/Iowa Super Pee Wee State Wrestling - 3.2.2022-YOUNG ARENA SPECIAL EVENTS CONTRACT
ThisAgreement is entered into by and between the City of Waterloo, Iowa, by and
through the Waterloo Leisure Services (hereinafter. "Lessor")
And Waverly Wrestling Club / 1 owa Super Pee Wee State W restling Championship
(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 Agreernent are as fol I ows:
1. TERMS AND PREMISES. Leer agrees to permit Lessee to use Young Arena
beginning on the 4th day of March 2022 and ending on the 6th day of March 2022 to
the f ol I owi ng-descri bed real estate, situated in Waterloo, Black Havk County, Iowa, to
wit:
See attached Exhibit "A";
Locally known as Young Arena 125 Commerda Street,
Waterloo, Iowa 50701.
2. RATES. The Lessee agrees to pay the City of WaIioo for the rent 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-
Paki ng-
Police-
Y A G-rurity-
Paamedi cs-
Electrician-
* Chair rental-
* Table rental-
* Stag&skirtingrenta-
* Back -drop-
* Ushers-
* Tickettakers-
* Ticket sales-
* Catering food/beverage-
* Furniture rental-
* Forklift operator
1 roan 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/y thefafflty known the Young Aria Depostshall be Ave
Hundred ($500.00) Dollars, which shall be remitted as security, deposit upon the s gni ng
of this Agreement.
4. ADVERTISING. Lessor shall have sole discretionastoal advertising and
publicity material i ncl udi ng but not I i mi ted to its use and location.
5. REVENUE SHARING. For the term of this Agreement, Lessee agrees to pay
Lessor a guarantee ofDollars forthe useofthe leased space (s)or 0 %
Percentage of the gross rea pts f rom all activities generated at Young Arena, whichever
arrnount is greater, aid in addition, agrees to pay $0 Dollars for the move in/move out/set
up.
6. PERSONNEL. Unless otherwise spedfied, Lessor shall obtain for Lessee and
Lessee agrees to pay through Lessor each individual employed at asped a/ dent, or
agrees to pay the representative of each group for the individual employed by said group,
and for any other requested personnel for sad event.
7. INSURANCE AND INDEMNITY. Lessee agrees to release Lessor, including
its employees and agents, f rom any and all claims and/or causes of action, which may
arise f rom this Agreement. Tothe fullestWent permitted bylaw, Lessee shaI indemnify
and hold harmless Lessor, including its consultants, agents, and/or expenses, including
but not limited to, attomey'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 preni des described herein and/or this Agreement, provided that any such dam,
damage, loss, or expense i s cause i n 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 I i dol e, regardless of whether or not it was raised in part by a party
indemnified hereunder. Furthermore, the foregoing assumption of liability and
i ndenni f icati on dial] apply to any liability, which may arise out of the Agreement. In
order to fulfill this provion of the Agreement, Lessees all furnisiftaCertificaneof
Insurance naming Lessor and Young Arena/City of Waterloo as additional insures with
mini mum coverage of Three Million Dollars ($3,000,000) per occurrence.
8. EQUIPM ENT. Lessee may install and promptly remove its own special
equipment services and supplies, and shall operate there 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 sad equipment and/or supplies with complete reimbursement for aI costs
incurred therefor to be pai d by Lessee.
9. CARE AND MAINTENANCE OF PREMISES. Lessee agrees to return to
Lessor in the sane or substantially d mi I err condition as it received sad property, except
natural wear, tear, or any acts beyond the control of Lessee any property used. Any
damages to the foregoing property Mall be repaired with the security deposit, and Lessee
shall immediately remit to Lessor any de fidencies not covered by said security deposit.
10. LAWS. Lessee agrees to obey all felerd, state and local laws, which may
apply to this Agreement, including the use of Young Arena
11. CONCESSIONS. All concessions i n and about Young Arena during any
events Old I 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 Lem.
12. PROGRAMS AND NOVELTIES. Programs and novelties may be 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 sal es dnal l be paid to Lessor, said percentage
to be determined at least thirty (30) days prior to the ef fecti ve date of Agreement.
13. INFRINGEMENTS. Lessee not effect any infringements, including
patents, trade marks, or copyrighted materials and shall assume any and all liability
therefor.
14. UTILITIESAND SERVICES. Lessor, during the term of thisAgreemert
shall be respondble 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
d aI, at the option of Lessor, void this entire Agrt rnent and immediately are! erateany
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 Lesseebreachesany ofthe provisionscontainedin
this Agreement, LcasseMall be in immediatedefault of said Agreement, and Lessor, at
its option, sha I have the right to immediately termi nate this Agreement and repossess the
premises All amounts owing and due Lessor dial become i mmedi atd y payable to
Lessor.
17. LIENS. Neither Lessee nor anyonecialming by, through, or under Lessee,
shall have the right to file or place any mechanic's lien or other lien of any kind or
charwter 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 pat thereof, shall at any time be or become entitled to my lien
thereon, and for the further err.' irity of Lessor, Lessee covenants and agrees to give a:tuai
notice thereof in advance, to any and all contractors, sabcontractors, 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 persona property and all substitutionsthereof, kept
and used on said premises by Lessee. Lessor may prod 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 Roger Riggins319290-5687
UrI ather paty notiti the other in writing, of a diff erent address. Without prejudice
to any other method of notifying a party in writing or making ademand or other
communication, such as merge alai' be cons dered given under the terms of this
Agreement when sent, addressed as above designated, postage prepaid, by the United
States ma 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 shal I extend to and be binding
upon the respective successors, hers, administrators, executors and assigns of the parties
hereto.
21. CHANGES TO BE IN WRITING. None of the covenants, provisoes, terms,
or conditions of this Agreement may in any manner be modified, waived, or abandoned,
except by awritten instrument duly signed by the parties' authorized representatives and
diver to the pati This Agreement contains the entireagreement of the parties
22. TOBACCO AND SMOKE FREE FACILITY. Lessee understands that
Young Arena is a tobaxo f reef xi l ity, and any violations thereof may cause the off eider
to be punidied axordi ngl y 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 alai make eery 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 Pont rol 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 abr breech of this Agreement.
24. RIGHTS CUMULATIVE. The various rights, powers, options, elections and
remedies of either party, provided by this Agreement, shall be construed ascumulalive
and no one of then as exd us ve of thaf a lowed either party by law, and shall in no way
affect or impar the right of either party to pursue any other equitable or legal remedy to
which either may be enti tl ed.
By:
STATE OF IOWA )
ss.
BLACK HAWK COUNTY)
On this 2--,c5 day of Pz,ArjsJ- c 2022 , before me, the
urWsigned, a Nott y Public in and for the State of Iowa, personally appeared
, to me known to be the identical
pasons named in and who executed the foregoing instrument and a knowledgthat they
executed the same as thei r voluntary a:t
Pub .cinand for the State of Iowa
t"cqo Lisa Weft
z Commission Number:789218
Commission
1Wow
May 2023
ATTEST:
BLACK HAWK COUNTY )
On this 2r�
SS.
CITY OF WATERLOO, IOWA
By:
Quentin M. Hat, Mayor
2022 before me,
the undersigned, a Notary Public in and for the State of Iowa, personally appeared
Quentin M. Hart and Kelley Feichle, to me personally known, and who, being by meduly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Waterloo, Iowa; that the seal aff ixaf to the foregoi ng instrument is the corporate seal of
the corporation, aid that the instrument was signed and steed on behalf of the
corporation by athori ty of its City Council and that Quentin M. Hart and Kelley Fd chl e
acknowledged the exectti on of the instrument to be that r voluntary act deed and the
voluntary act and deed of the corporation, by it voluntary executed,
day of LIL6"` r---' 1
NANCY H!GB ./
COMMISSION NO.788229
MY M SSI N CXNI ES
EVENT THIRD PARTY CERTIFICATE OF INSURANCE
AMATEUR ATHLETIC UNION OF THE U.S., INC.
CERTIFICATE HOLDER YOUNG ARENA
125 COMMERCIAL ST -
WATERLOO, IA 50701 -
COVERAGE DATES:
03105/2022-03/06/2022
This certificate is issued as a matter of information only and confers no nghts• .o c. older Thi3 e`ertificate does not affirmatively or
negatively amend, extend or alter the coverage afforded by the policies be 1 r doe of constitute a contract between the
issuing insurer(s) authorized representative or producer_ and the centi•
PRODUCER
INSURED
4� ° -"1 .' R 1 " LICENSED NO.: 2KIAWR2365
Foy Insurance
64 Portsmouth Ave
Amateur Athletic J-^,
Walt Disney W. d • so --.
CLUB CODE: •WYB938
OW • rest
PO Box 1030
P.O. Box 22409
1 h
Exeter, NH 03833-1030
Lake Bu I Vista c+t
,
t n t IA +.
INSU' s ':1 1'! O i d
Company A United State Fire Ins_. AIC# 13
,.
Company B Everest , : f . ance . w' 2 r, ' ' bo rel. _.'+ s t. o . aieyA or B.
< -poll / �) ce - bel ve9 e i ed e th E, [ b •r .o p od indicated.
COVERAGES ren
Notwithstan. :.. any •ceme r do .tr , th .. .• resp ' v, hic. .. is ed _ ay peltain. the insurance
afforded
by', e p .
, cn. a -'' , .)r • t ..
all v t n -xc i sions, . ,, n.., o su tt= _• (i=. t' . ti y ve ' eitret'uced'(iy paid claims.
INS •
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POL[ -• �
[ � s-'. FF. •
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Limns
LIR
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BE
T t I,n 1> Y)
M/DD 9-..-,•y
A
P 'CI n
F 4
•1 2 1 o1
:;9/01/ 1 .!1 d.
` ent Medic :,= -
100,000
cc
-
c n ea• . memberment
20,000
B
.Excess
001 11
• t 2021 I -.+
♦1.
.- h. c ..-
5,000,000.
Liability
;. t`• .te..
5,000,000
B
Genera(
`,1- 2
9/01 + 21' !
212:1
ac=-. ence Limit
1,000,000
•Llabihty.
-
Aggregate Limit
3,000;000
'
�^ cipent Legal Liability
1,000,000
- " ersonal and Advertising Injury Limit
1,000,000
-
-
Products -Completed Operations Aggregate
3,000,000
Fire Damage to premises Rented to You
1,000,000
Policy. Aggregate Cap •
25,000,000
Medical Expenses Limit (Any One Person)
- ' 5,000
`._
Sexual Abuse Liability
1,000,000
Sexual Abuse Aggregate
3,000,000
.ADDITIONAL INFO
Coverage applies t • A +• 3 ` WEE STATE WRESTLING TOURNAMENTS from
03/05/2022 t„.gh . .n. os .,Iigence:•,i•a. • .,. s the AAU Club(s) or registered members.
For said clu:'o a a .- ip =•uiiement !n ^,: " ust be met
Primary non-c• to pplie t :ch . ep$akement 24 520 04 02.
Waiver of Transfe ecov y "' 4 r to Us aj es per attached Endorsement ECG 24 522 04 02.
The Certificate holde be "' o .1 s e , u ith respect to the operations of the Named Insured, subject to the provisions and limitations of
tie oolicv(ies), attached-, r1 1 . e ..
CANCELLATION Shoul y,,o, e "..v d -� ribolicies be cancelled before the expiration date thereof, notice will be delivered in accordance with
the policy provisions. ' u , it
t6LtAa1- ti.i s shall impose no obligation for hability of any kind upon the insurer, its agents or representatives.
'REVOCATION
On cancellation of coveraee.
wr-: FACILITY OWNER SHOULD VERIFY THIS CERTIFICATE.
0
tom, Mwty>v.aausports.org ,Membership, Insurance, Issued Third Party Certificates, Insert member club code
Certificate No. 2(1221789
Authorized Representative
4
:,oa 7r:a try m
POLICY NUMBER: SI8ML00176-211 COMMERCIAL GENERAL LIABILITY
ECG 24 520 04 02
THIS ENDORSEMENT CHANGES THE P
ADDITIONAL
(PRIMAR
This endorsement modifies insurance provid
COMMERCIAL GENERAL LIA:ILI
A. Paragraph a. Primary Insurn
COMMERCIAL GENERA
following:
a. Primary In
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COND
This in u : i '•% ii `v € ei4 b. w
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IT CAREFULLY.
ECG 24 520 04 02 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission