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HomeMy WebLinkAboutWaverly Wresting Club - March 3-5/2023 YOUNG 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 Waverly Wrestling Club (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 V day of March 2023 and ending on the 5th day of March2023 to I— the following-described real estate, situated in Waterloo, Black Hawk County,Iowa, to wit: See attached Exhibit"N'; 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- Back-drop- Ushers- Ticket takers- Ticket sales- * Catering foodibeverage- * 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. b. 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, Lessees 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 may be sold by Lessee or Lessee's designated agent, said sale andlor 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. INFRLNGEMENTS. 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 , Roger Riegins 319 290.5687 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 AN 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. CIJANGF S 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 he 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. LESSEE By: By: STATE OF IOWA � ss. BLACK HAWK COUNTY) On this day of , 2023 ,before me, the un , a No ublic in and for the State of Iowa,personally appeared 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. Notary ublic in and for the State of Iowa �* COw4Mbn Mwtber7 W CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor ATTEST; Kelley Felchleil City Clerk STATE OF IOWA ) ss. BLACK HAWK.COUNTY ) On this day of qtrr-t)- ,2023 ,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 axed 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. i'IGBY=a'plt[y9 CONA YV�1�®6 VU629 �' V I ! _Q • aN Mv, M S xPaRes No4 Pubin and the tate of Iowa EVENT THIRD PARTY CERTIFICATE OF INSURANCE AMATEUR ATHLETIC(INION OF THE U.S.,INC. 'CERTIFICATE HOLDER YOUNG ARENA 125 COMMERCIAL ST COVERAGE DATES:' WATERLOO,TA 50701 03/04/2023-03/05/2023 This certificate is issued as a matter of information only and confers no rights s oil 'ficate does not affirmatively or negatively amend,extend,orralter the coverage afforded by the policies be i 0 raoe of constitute contract between the -isjuing insurer(s), authorized re resentative or Producer,and the cern PRODUCER INSURED E LICENSED NO.: 3KIABA2487 Foy Insurance Amateur Athletic t n CLUB CODE: W37A83 64 Portsmouth Ave Walt Disney W d R so o s k I PO Box 1030 P.O Box 22409 s ee Exeter,NH 03833-1030 LakeBu Vista 283. 1 0 s, (407)93 7 0 INS U V Company A.United State Fe Ins c o n AIC4 13 Company B Everest cc: y * bo el to s t ,o A or B: 4 COVERAGES 's rh t oh s). cc bel v e i ed Nod", b r o � "od indicated. Notwithstand' any q 7eme no f t t w res hic is i is ed ay 'q the insurance afforded by c. ( err e t all t xe sions, b s (t d y ve e e paid claims. IN P�BEk� FF. &M E P. G l'1RIT5 LTR NS D TY) T MND ' A P Ici 1 .01 9/01/ 1 1 eor Medic 100,000 cc'd c n ea memberment 20,000 B Excess 001 21 2022 1 . 1 ] A h cc 5,000,000 Liability to 5,000,000 B General 8 -2 9/01/ 2 2: 3 12, Ea c rrence Limit 1,000,000 Liability ene 'Aggregate Limit 3,000,000 P cipant 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 SPE Coverage applies t e I c # 8 W PEE WEE STATE WRESTLING TOURNAMENTS from 03/04/2023 t gh t as fligence is s the AAU Club(s)or registered members. For said elu o e a be m uirement n t ust be met Primary non-c o pplie c e ement 24 520 04 02. Waiver of Transfe f h ecov b r to Us a s per attached Endorsement ECG 24 522 04 02, The Certificate holde a be u n Nth respect to the operations of the Named insured,subject to the provisions and limitations of the 3. CANCELLATION Shoup ny o v Apfulictesbe cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions U, 1A Vati s shall impose no obligation for liability of any kind upon the insurer,its agents or representatives. REVOCATION - in cancellation ofcoverage. FACILITY OWNER SHOULD VERIFY THIS CERTIFICATE. to. .aausports.org,Membership,Insurance,Issued Third Party Certificates, Insert member club code Certificate No.20231873 F-4 ] Authorized Representative ,.,.,tac h1, t POLICY NUMBER:S18ML00176-221 COMMERCIAL GENERAL LIABILITY CG 20 1104 13 THIS ENDORSEMENT CHANGES THE POY S T CAREFULLY. ADDITIONAL INSU OR LESSON , This endorsement modifies insurance provided under the f COMMERCIAL GENERAL LIA LE . Designation Of Premises(Part Le d oon): All locations owned,operated ame O i b o >i. Name Of Person(s)Or s)(A 't s YOUNG ARENA 125 COMME WATERL e E T U te* 03 throu 05/2 W-I WON Ad -ti4p, ,Ai: Informa its Seedb Nll\e shown in the >, A. See n 8 am a 'o inclu the dditional insured is as an additl a ' s e or r re y, ra ement,the insurance organization(s e e ut on i C su r n Insured will not be broader respect to liabil' arisi o rship, t h equired by the contract or maintenance o that a es le eme ov' for such additional insured. to you an s n the a u ' o the follow' e 1 ns' B. ec o the insurance afforded to these 1:1 al insureds,the following is added to Section T e its Of Insurance: 1. o la a r y cease to be a fo 2 coverage provided to the additional insured is 2. Structural ra is e or required by a contract or agreement,the most we will demolition ope tt o e o half pay on behalf of the additional insured is the amount of person(s) h h c insurance: Ho ve 1. Required by the contract or agreement;or 1. T i ur e u onal ed 2. Available under the applicable Limits of Insurance only appli t x y d shown in the Declarations:whichever is less: This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. N CG 20 1104 13 ©Insurance Services Office,Inc.,2012 Page 1 of 1 s.; POLICY NUMBER:SI8ML00176-221 COMMERCIAL GENERAL LIABILITY ECG 24 520 04 02 THIS ENDORSEMENT CHANGES THE P I E IT CAREFULLY. ADDITIONAL CE (PRIMAR v This endorsement modifies insurance provid o ' COMMERCIAL GENERAL LIA IL C A.Paragraph a.Primary Insurn ther u TI COMMERCIAL GENERA CONDI S b following: a. Primary n Aft This in u p b. w i I his n 1 ri i c e a c a r. n are t r s b eth scra low, t the w' u m a t on h re in a c t en c will b ary and non n c n �+ 1 'a de prior to the o ECG 24 520 04 02 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of I with its permission POLICY NUMBER:S18ML00176-221 COMMERCIAL GENERAL LIABILITY ECG 24 522 04 02 THIS ENDORSEMENT CHANGES THE P I �A IT CAREFULLY. WAIVER OF TRANSFE COVERY AGAI This endorsement modifies insurance provid b ' COMMERCIAL GENERAL LIABJLI O Name of Person or Organ' e ANY PERSON OR OR A R AGREED BY WRI ON (if no en s e, ' atio a re ndo i Declarations as c rse The TRANSFER OARIG YER Section W-COMMERC C I t b ion of the following: We waiv a e i t the pe r of shown in the Schedule above because wp rake' ik`Inm-or gear out tions or "your work' a v,i ittcn aLrecinent that require tow ' our rights of recovery. The written agreement must b p or to the date of the curre is waiver applies only to the person or organization show hedole abore. a' Y ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office,Inc., Page I of 1 with its permission