HomeMy WebLinkAboutUNI - Lease Agreement and Memorandum of Services - 2.20.2023December 8th, 2022
City of Waterloo Leisure services
Young Arena & Sportsplex
300 Jefferson street,
Waterloo, IA 50701
Dear Mr. Denner,
Enclosed please find the Lease Agreement and Memorandum of Services for the City of
Waterloo Leisure Services stage rental to be held in the Young Arena/Sportsplex
Please sign all the pages of this contract, including the Use of Equipment Agreement, the
Memorandum of Services, and e-mail/fax back to our office at:
UNI-Dome Operations
Attn: Event Contract, UNI-Dome
Cedar Falls, IA 50614-0312.
E-mail: brooke.c-sidebotham(uni.edu
You can fax to 319-273-5966.
Please pay particular attention to paragraph #10 regarding insurance requirements, which
must be satisfied. Specifically, the University of Northern Iowa, State Board of Regents,
and the State of Iowa must be named as additional insured or contractual insurance must
be indicated on the certificate of insurance.
We are looking forward to working with you.
Sincerely,
Brooke Croshier-Sidebotham
Assistant Athletic Director for Facilities & Operations
Enclosures
UNIVERSITY OF NORTHERN IOWA
UNI ATHLETICS
USE OF EQUIPMENT AGREEMENT
THIS AGREEMENT made and entered into this 8`h day of December, 2022 between the University of
Northern Iowa (hereinafter "University") and City of Waterloo Leisure Services (hereinafter "Licensee").
1. Licensee is responsible for compliance with Federal and State laws, regulations, and rulings, and
University rules and policies, including (but not limited to) Equal Employment Opportunity, Regents
Rules of Personal Conduct, smoking restrictions, and parking regulations. Licensee is also responsible
for obtaining and compliance with all necessary permits, and payment of any taxes or other fees arising
out of its activities and/or use of facilities.
2. Licensee contracts for the use of University's equipment during the multiple dates during the 2022-23
year, in accordance with details on the attached Memorandum of Services.
3. Licensee agrees to pay University the total sum calculated from the equipment rental or any other
charges for any other goods or services provided, all as detailed on the Memorandum of Services.
Such amount shall be paid as follows: A deposit of $0 upon execution of this Agreement. Changes will
be made to the bill in accordance with goods and services provided.
4. Cancellation of this Agreement by Licensee received after 30 days prior to the date of equipment use
shall result in forfeiture to University of any deposit plus the obligation to pay to the University its direct
expenditures attributable to the arrangements for the event covered. Cancellation of this Agreement by
Licensee at any other time will result in forfeiture of so much of the deposit as will cover any direct
expenditure attributable to the arrangements for the event covered.
5. Licensee shall not sell, assign, transfer, or sublet this equipment or any portion of the equipment
without the prior written consent of University.
6. Licensee shall not cause nor permit anything to be done to damage, injure, mar, or deface the
premises. Licensee agrees to surrender the equipment to University in the same condition as at the
commencement of occupancy, ordinary wear and use expected. Licensee releases University from any
and all claims for damage to or loss of such property and shall defend and indemnify University against
any claim for damage to or loss of such property by a third party.
8. Licensee agrees to indemnify, defend, and hold harmless University, the Board of Regents/State of
Iowa, and the State of Iowa, and their employees and agents, from and against any and all actions or
causes of actions, claims, demands, liabilities, loss, damage, injury, cost, or expense of whatever kind
or nature, for injuries to or the death of any person or persons, or damage to or loss of property alleged
or claimed to have been caused by, or to have arisen out of or in connection with or to the use of
University premises or this Agreement. Notwithstanding any of the foregoing, Licensee shall not be
obligated to hold harmless, defend, or indemnify University from and against any claim, loss, cost, or
liability proximately caused by the sole negligence of University.
10. Licensee shall obtain a comprehensive general liability insurance policy or personal liability insurance
policy, at its sole expense, which provides coverage for the University, the Board of Regents/State of
Iowa, the State of Iowa, and their employees and agents. The policy shall be written on an "occurrence"
(not "claims made") basis and shall include Products Hazard coverage and a Broad Form General
Liability inclusion or equivalent. The policy shall have a minimum combined single limit of $1,000,000
(for bodily injury and/or property damage). The minimum amount of insurance coverage required under
this Agreement may be adjusted as determined by University. The University of Northern Iowa, the
Board of Regents/State of Iowa, the State of Iowa, and their employees and agents, shall he named as
"Additional Insured" on the comprehensive general liability insurance policy. In addition, the insurance
policy shall obligate the carrying company to give the University written notice ten (10) days in advance
of any reduction in the amounts of liability coverage, cancellation of the policy, or other changes.
The insurance policy shall be issued by a financially responsible insurer lawfully authorized to do
business in the State of Iowa. The insurer must be approved by University. University will notify
Licensee of University approval or disapproval within ten (10) days of receiving notice of the identity of
the insurer from Licensee.
Licensee must file with University, not less than ten (10) days prior to Licensee's use of the University
facilities, a standard certificate of insurance or evidence of insurance evidencing that the insurance
policy will be in full force and effect during the period of use of the facilities.
The University, at its option, may waive or adjust any requirements as to insurance. Any such waiver or
adjustment must be in writing and signed by University.
11. If the equipment or any portion of the equipment during the term of this lease is damaged by the act,
default, or negligence of the Licensee or the Licensee's agents, employees, patrons, guest, or any
person admitted to said premises by the Licensee, Licensee will pay to the University, upon demand,
such sum as shall be necessary to restore said premises to their present condition. Licensee hereby
assumes full responsibility for the character, acts, and conduct of all persons usage of the equipment by
the consent of the Licensee or by or with consent of any person acting for or on behalf of Licensee, and
Licensee agrees to have on hand at all times sufficient staff to maintain order and protect persons and
property.
12. Licensee shall not do or permit to be done anything in or upon any portion of the equipment or bring or
keep anything therein or thereupon which will in any way conflict with the conditions of any insurance
policy upon the building or any part thereof, or in any way increase any rate of insurance upon the
premises or on property kept therein.
13. University shall not be responsible for any damage, loss, or injury that may happen to the Licensee or
the Licensee's agents, servants, employees, patrons, guests, or property, from any cause whatever
prior, during, or subsequent to the period covered by this Agreement; and the said Licensee hereby
expressly releases University from and agrees to indemnify, defend, and hold harmless University
against any and all claims for such loss, damage, or injury.
14. University shall not be liable and Licensee shall hold University harmless if any or all of the equipment
cannot be used pursuant to this Agreement due to circumstances beyond University's control, an Act of
God, etc. In such a case, as determined by University, University shall use its best efforts to determine
and provide a reasonable alternate equipment.
15. The terms, conditions, and provisions of the Memorandum of Services are incorporated into this
Agreement just as if they were stated above.
16. University reserves the right to terminate this Agreement at its sole discretion. If University terminates
this Agreement for a reason other than (1) Licensee's breach of a provision of this Agreement or (2) as
otherwise reflected in this Agreement (e.g., see above), University's sole liability, if any, shall be for
actual costs incurred up to the date of Licensee's receipt of notice of termination; no loss of profits or
other damages shall be recoverable against University.
17. No waiver of any part of this Agreement, failure to insist on strict compliance with any part of this
Agreement, or failure to seek redress for any breach or default of any part of this Agreement shall
constitute a waiver or excuse for any subsequent or continuous breach or default. Any action by either
party that is not required under this Agreement will not be deemed to impose an obligation on that party
to do any such act or thing in the future or in any way to change or alter any provision of this
Agreement.
18. If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full
force and effect. This Agreement constitutes the entire Agreement between the parties with respect to
the subject matter hereto; it may not be amended except in writing and signed by both parties. This
Agreement is not effective until it has been approved and signed by University.
19. Any notice required under this Agreement must be sent or delivered as follows:
Licensee name and address:
City of Waterloo Leisure Services, Young Arena and Sportplex,
300 Jefferson Street, Waterloo, Iowa 50701
Phone: 319-291-0165 email: Craig.Denner@waterloo-ia.org
University representative name and address:
Brooke Croshier-Sidebotham, Assistant Athletic Director of Facilities& Operations,
203 McLeod Center, Cedar Falls, Iowa 50614-0312. Phone: 319-273-6636.
Email: brooke.c-sidebothamAuni.edu
21. This Agreement must be signed and returned to the University in order to guarantee the reservation
and services requested.
22. If University handles, controls, has custody, or keeps any receipts or funds, whether the same are
received through the box office or otherwise, University is acting for the accommodation and sole
benefit of Licensee and, as to such receipts or funds, University shall be responsible only for gross
neglect or bad faith.
23. All logos, symbols, designs, and words associated with the University are trademarks owned by the
University. Use of University trademarks must be under license or written authorization from the
University's licensing administrator. Licensee shall not represent in any advertising or publicity
materials that its activity under this Agreement is sanctioned or sponsored by University.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized
agents on the day and year first above written.
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UNIVERSITY OF NORTHERN IOWA
Assistant Athletic Director
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Licensee University Representative
2/20/2023
Date
Date
312 1I23
MEMORANDUM OF EQUIPMENT
Today's Date: December 8th, 2022
Event Name: Equipment Rental
Event Date(s): Multiple dates (below)
Licensee: City of Waterloo Leisure Services
Contact Person: multiple
Phone Number: 319-291-0165
Miscellaneous Information: Transportation will have to be scheduled by Licensee.
Estimated event dates:
o December 15th—18t'', 2022
o March 3rd — 6th 2023
o May 15th or 22nd, 2023
o Other dates to be confirmed before usage
Facility Guarantee: Annual Rental fee of $1,800.00 — December 1st, 2022 — December 30th, 2023
**If the scope of the event changes, or if Licensee has requests not included in initial contract, additional charges may
apply.
Included:
❑ Stage Laborers ❑ Security (Inside) ❑ Message Center
❑ Custodians ❑ Ticket Handlers ❑ Telephones
❑ Sound ❑ Ushers ❑ Police Protection
❑ Misc. House Laborers ❑ Paramedics ❑ Equipment
❑ Traffic Controllers ❑ Cleaning ❑ Supervisor
Additional Provisions: Licensee will be coordinating own transportation for staging from Takin Bros
for all event dates. Licensee will return equipment back to Takin Bros following each event.
2uerrio
Licensee's Signature
2/20/2023
UNI Assistant Athletic Director
McLeod Center
Cedar Falls, IA, 50614-0312
Date Date