HomeMy WebLinkAboutYoung Arena - Marching Against the Darkness Inc/Drill Team Contest 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 Marching g inst the Darkness Inc1Drill"Team Cigntest
(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. TERMS AND PREMISES. Lessor agrees to permit Lessee to use Young Arena
beginning on the 7th day of July 2023 and ending on the 8th day of July 2023 to the
following-described real estate,situated in Waterloo,Black Hawk County,Iowa,to wit
Set attached Exhibit"A";
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
Yount Arena and facilities by the following rates:
RENTING OF THE ARENA FOR DRY-FLOOR EVENT
Rental of the arena- $2000
Set-up/tear down-
Parking-
Police- 1
Y.A,Security-
Paramedics-
Electrician-
*Chair rental-
*Table rentail-
*Stage/skirting rental-
*Back-drop
*Ushers
*Ticket takers-
*Ticket sales-
*Catering food/beverage
*Furniture rental-
*Forklift operator
I man lift-
* ft.glass netting removal-
*Board removal-
* IF NEEDED TOTAL RENTAL FEE, $2000
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 IQ 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.
6. 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 tcptesvntative 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,Lessee shall indemnify
and hold harmless Lessor,including its consultants,agents,and/or expenses.including
but not limited to,attomev'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 E
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'I hree 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
j i
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 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 sales shall be paid to Lessor,said percentage
to be determined at least thirty(30)days prior to the effective date of Agreement.
13. INFRINGEMENTS. 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 utilitic .
15. ASSIGNMENT ANL)SUI3LETIING. Any assignment of this Agreement or
subletting of the premises or any part thereof,v.ithout 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
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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 lime 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 Darn!Givens 319 5O4-2309
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 AND 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 patties
hereto:
21. CHANGES 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 be solely responsible for the control of its
organization's participants,friends, family,andlor 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 abreach 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.
n..x
LESSEE
{y
Ey
By: arvJ r vesis
STATE OF IOWA }
} ss-
BLACK HAWK COUNTY)
On this S i of 1 tl 2023 ,before me,the
undeersigned a Ids Public in for 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 dee
No Public in and for the State of Iowa
161410140
' ;erg: ;;,*
•
rY OF W't;k LRI Ctt),IttWA i
Quentin 1. ;tart,Mayor
ATTEST:
3
•
•
Kelley Felclile it ler4
STATE(3F l()t't#
ss,
BLACK liANVK COLTN 5' 1
On this lg"4. I day of L, 4923 .before roe,
the undersigned,a Notary public is and for the$'tat of Iowa,p nallp appeared I
Quentin M.dart and Kelley Felchle,to me parse ly lno ri,and%tilt),being by the duly
sworn.did say that they are the Mayor and it) Clerk,respectively;crf the City of -
Waterloo,Iowa;that the seal atlixed to the foregoing insttwnent is the corporate seal of
the corporation,and that the instrument was signed and sealed en behalf of the
corporation by authority of its City Council and that Quentin lut.Ilan and Keller Felehle
acknovi'ledged the exeeutiort of the instrument to be their v€tlurztary act deed and the
voluntary act and deed of the co ration,by it voltintary executed.
aPR' s 3Ft(TNI C PERKINS .
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i t -:;OMMISSION NC..F145529 -----_�
* * MY COMMISSION EXPIRES
IOWA JANUARY 27,2026
N tgint Pub t and forVie State of Iowa
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