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Home My WebLink AboutCV Catholic Schools - Donation Agreement, Miller Park - 4.3.2023Miller Park Basketball Court Donation Agreement THIS DONATION AGREEMENT (the "Agreement") is made as of April 3 , 2023, by and between Cedar Valley Catholic Schools ("Donor") and the City of Waterloo, Iowa ("City"). RECITALS A. The City owns a public park known as Miller Park (the "Park"), which lies adjacent to Donor's property on the east side thereof. B. Donor desires to construct a basketball court and related hoop structure, pole, backboard and rim (collectively, the `Basketball Court") in the Park and to donate the completed Basketball Court to the City, after which the City will maintain the Basketball Court for use by the public. C. The City desires to accept the donated Basketball Court from Donor. NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the party agree as follows: 1. The Donation. Donor agrees to construct the Basketball Court at the Park, on the terms set forth in the paragraphs below. a. City of Waterloo will supply site plan, design, and construction plans for the Basketball Court before any construction begins. b. Donor shall designate a single individual as the principal point of contact for project purposes. c. Donor shall provide all materials, labor and other services necessary or advisable in connection with construction of the Basketball Court. d. The parties shall mutually determine a construction schedule, which Donor will endeavor to follow to the best of its ability. e. Donor shall restore any areas of the Park around the Basketball Court which are disturbed by Donor's construction activities to substantially similar condition as existed prior to such construction. f. Once the construction is completed to the satisfaction of the City, the City will accept the Basketball Court and be responsible for its ownership and upkeep for the duration of the Basketball Court's existence. g. The Basketball Court and fixtures shall be constructed according to the plans attached hereto as Exhibit A which include but are not limited to the following requirements: (1) paving surface shall be constructed with a minimum thickness of 5" poured Portland Cement concrete; (2) the basketball standard shall be a minimum of 4 '/2" outside diameter and have a 48" overhang extension; and (3) backboard shall be minimum 12 gauge steel, white finish, front mount double rim. 2. Value of Donation. The parties agree that a reasonable estimate of the total value of the Donation, including the donated materials, labor and services, is $9,000. 3. .Insurance and Liability. At all times during the planning and construction phases of the Basketball Court the following insurance policies shall be in place to protect Donor and City against claims for injuries to person (including death) or damage to property arising out of or in connection with the planning or construction of the Basketball Court: a. General contractors and subcontractors working on the project shall have Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury and property damage. They shall name The Cedar Valley Catholic Schools and the City of Waterloo as additional insureds for this project. Proof of such coverage shall be furnished to the City promptly upon request. b. General contractors and subcontractors shall provide proof of workers compensation insurance coverage for its employees working on the job. c. If all labor is to be donated by individuals and not by contractors or subcontractors, then in lieu of providing the insurance coverages identified in paragraphs 3.a and 3.b above all individuals may instead furnish a signed waiver and/or release of liability on a form acceptable to the City. Donor shall not permit any person to work on project construction who is not covered by required insurance or who has not, before commencing work, furnished the signed waiver/release. Donor shall provide to City all signed waivers and releases that Donor obtains. d. To the extent permitted by law, the City shall hold harmless, defend, and indemnify Donor for any claims made against the Donor for personal injury arising out of the use of the Basketball Court once completed and accepted by the City, except for claims arising from the negligent acts or omissions of Donor in its own use of the Basketball Court or in the use of same by persons engaged in activities organized or sponsored by Donor. 4. Notices. All notices require or allowed to be given pursuant to this Agreement shall be in writing, and delivered either (i) in person, or (ii) by first-class U.S. mail, postage prepaid, or (iii) by private courier. Notices will be deemed delivered upon the earlier of: (a) the date of delivery if personally delivered; (b) three business days after placement in the U.S. Mail; or (c) one business day after delivery to a private courier. If to Donor: Cedar Valley Catholic Schools 3231 West 9th Street Waterloo, IA 50702 Attn: Tom Novotney If to the City: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: JB Bolger Either party may, by like written notice, designate a new address for notice purposes. 5. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, and all of which together will constitute one and the same instrument. 2 6. Binding Effect This Agreement is binding on the City, Donor, and their respective successors, assigns, and legal representatives. 7. Entire Agreement; Amendment. This Agreement, including but not limited to exhibits hereto, is the entire Agreement between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous discussions, understandings, promises or agreements between the parties. No amendment or modification of this Agreement will be effective unless in writing and signed by the City and Donor. IN WITNESS WHEREOF, the parties have executed this Donation Agreement by their duly authorized representatives as of the date stated above. CEDAR VALLEY CATHOLIC SCHOOLS By: Title: 44- Aul.ibt.5 b.rt4r CITY OF WATERLOO, IOWA Quenivi 91arE By: Quentin Hart, Mayor Attest: 7(e!!ey TFeld,(e Kelley Felchle, City Clerk 3 4 SCALE: 1'=EL, HOP CAROUNA AVE 213 MITCHEU. AVE EX. TREES G FJ(. PLAYAREA FUTURE HALF COURT LOCATION • PROPOSED HALF COURT LOCATION 1 ` r EX. 9AL! TOP OG G MILLER PARK E MITCHELL AVE O i DATE: 122/2023 SHEET 1 EXHIBIT A E' cr —41/7 4, 017 17 d1Dmetef R840 NW COCOA gawanlzM steel elblng w ha 7 ga, Ralf IhreitresG. Desgn fora 48' bury into the ground and a 47extension kern the bent of the polo ro the face of , sow coated goawanlzed tubular brice5 shall support the tap orbs backboard and designed so that Ora elm mounts directly to rho horizontal polo stdk es through the he oat the backboard during ploy. Polo systems without backboard supped braces sine not ba wry t minimum 25-yeet waortoty. Bac- ilo:K d Oho be Drnslrbcte0 01 formed and Wddod steeI wins ng [ufxo. Skin she be 12 ge. mild stool and rear structure shag be 7ga and 10 ga. steel. All edges d .. ...: DQ.}..,. , • in sErch away that no sheer edges Ore oxposod. BCnrdY wIlh exposed shear edges shalt Pal be Ion..: egeal. •aFkboad shell be sealed with a while polyN1PF powder coated frnlsh and have an olfi Sal size crave a - • • - • ohalt xcaptm Tiwith 5' K S maunling panerrc, Backboard Shall carry a Boiled 10-year wo r ry, Rim shell - ot•Nro Mr diameter APSl 1018 cold drawn carbon sited rings welded Iogelsrr eta rnlnurlum RN sbe &Meg, Back and side to Sahel ha 9117 NO and be continuously welded. The net otte hhmeni syaa-n shalt be al b cooMuouo type cans -Melee Or Stir X r stew with punchoe net adachment aksi wifable for nylon {included) or catch toptlorhglj net,. IrdirEual of Continuous wire loomed netleeks bra rho! an uceeptetlta equdf. Rim Shag be ouxhad to mound en any Trent mNettb ackboord, have an uncood.dorml 3Retime warranty end orxge powdar bathed f nI h. 64eurihl1na }he.'dware shall be IndrAed. Film shad be mode in She 11SA- Irises/lotion to be completed In accordance Wan manlr(erhhrees Inslruct12ns, Do net polo drawings. ERtiro systemztto0 appradmetey weigh 320#. ageLAV PRODUCT SPECIFICATION PR60 HEAVY-DUTY STEEL RECTANGLE GOOSENECK PLAYGROUND bYb I tM 68508 - Phone: (800) 247-7868 - Fax (806) 638-1)698 !REVISED S1118 5' PCG REINFORCED PAVEMENT (WELDED WIRE MESH) S' MOM RREi� �fBRASF 1.0' BASKETBALL HALFCOLIRT TYPICAL CROSS SECTION SP X 50 0.5%-, 50.0' HELM PARK HALF COURT/MR./ATE ITEM NO. TTFM UNIT EST. 01Y, EST REF INFORMATION 1 NMI.. SUBBASE 6• _ sr 300 WORK INCLUDES FURNISHING, PL CING, COMTPACTI NG. AND TRIM.RNG TOME PROPER GRADE 2 SUBGRADEPREPARATION SY 3000 SCE DEM I. SHEET. EARTHWORK IS INCIDENTAL TOTNIS ITEM E(CLS MATERIAL TO BECOME P ROPLRN OFTNECOMPACTOR. WORK INCLU06 EJICAVATING, MAMPULATING, rtrLAE3NEC0PAC1IN4 4•1731EWiRGT011if*30ERII51.03_ 3 SMITING. SALVAGING.ANOSPREADINGTOP50n SY '717 0 ClNRRACTORTO POUII PAD P RIM TO STRIPPING TOPSOILOUR1OE Of THE PAD AREA BASIrETRALLHALf{Ou0Tr0D,S'PCC, SY r790 REFER TO PLANS FOR 1 OWING LAYOUT, REFER TO SODAS 0GURE 7010.101 TOR DETAILS 5 HTDROS®ING 5Y 0243.0 COMPACTOR TO FOLLOW IOWA DOT SEEDING DATES. CONTRACTOR WILL BE RESPCRDIBLE FOR EROSION CONTROL MEASURES IF SEEDING IS NOTOONE DURING SEEDING DATES DORMNLTSEEDING WILL BE ALLOWED IS SCHEDULE REQUIRES. 6 EROSION CONTROL , IS 1,0 SEE DETAIL SHEET. WORK MOM 06INSTAL1ARON,MVNIEWHCE a REM0.'Al OF 3531T STRAW WATTLE, 7 O0NSTRUCBON ACCESS LS 10 jFEOETAIL-SHEET DATE: 122/2021 SHEET 3