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HomeMy WebLinkAboutWaterloo Community Schools/Battle of Waterloo Wrestling 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 Waterlao Community SelmoolsfBattle Of Waterloo Wrestling (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 13th day ofDeeember.202.3 and ending on the 16th day ofDecember 2023 to the following-described real estate, situated in Waterloo,Black Hawk County, Iowa, to wit See 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 Young Arena and facilities by the following rates. RENTING OF THE ARENA FOR DRY-FLOOR EVENT Rental of the arena- $9000 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 food/beverage- * Furniture rental- * Forklift operator * 1 man lift- * 6 ft. glass/netting removal- * Board removal.- * IF NEEDED TOTAL RENTAL FEE: $9000 .. 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. 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 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, Lessee shall 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 Irab y;.and'upon:liliforsto remove any property from the building orgrounds 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 ffederal,state and local laws, which may apply to this Agreement,including the use of Y t ng Arena O SIO At7 o'o sl bias in and about Ittng Aretsa,dg any to e I i` e.th end control of Lessor,and Lessee shall have no ihtfettst futattatlyQrotherwisetherefn. Lessor's employee(s) shall have free access to ptunt ses at all times necessary, but they may not unreasonably interfere with activities 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 mutual:V.40=d dpdn pert e to be,d we Dull gross:sales shall be paid to Lessor, said percentage eclat least th(81,),vdays 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 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 h ,.at the option or Lessor,void this;et xre Agreement and immediately accelerate,any all all amounts due,and Lessee sha ,ii g�rely surrender the premises and abide by Provisions of the Agreemediffilhiehshay 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 i +&:»;a ri, shall have the right to innrtediately terminate t, Feudal, All anmunis owing,and due Lessors h eery and payable repossess the. Lessor. albeettt ,zs� 8,'r4tatlylPlo 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 merest as provided by the Uniform ICtantnercial Code of Iowa,;upon all personal property and all substitutions Thereof, kept *4'�d tkaid n ses t Lessee. Lessor may proceed;at law orin equity with any ,0 441s iythis Agreement for the recovery of rent,or for the t31 a#3t attte.l errkent 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: f essor to. i$Dolan;Young Arena Manager,at 125 Commercial Street W tarlvo Iowa, SO ,1,and Deb Jacobs 3I9-433-1816 TLYnless ei ti Aot nes the other in wri' th*,.tifx+Ehffere ;address. Vokudce to any other method of notifying a party in dig 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 parties hereto. 21. CHANGES TO BE IN WRITING, None of the covenants,provisions, terms, ; ltions of this Agreement may in any manner be modified,waived, or abandoned,4poro , tby a written instrument dulysgned by the parties authorized representatives Magi 41040,4 tp-the pies. This Agreement stains 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 ofthiaA greernent if agent, employee, or other person under Lessee's control violates said tobacco free any condition. Accordingly, Lessee shall make every effort to prevent any use of tobacco, tnchn.1)., tJ,e chewing or smoking thereof, in Young Arena during the term of this - greeiept; 23. CROWD CONTROL. Lessee shall be 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: STATE OF IOWA ) BLACK HAWK COUNTY) ) ss. On this � �0`- day of4 ,, ,c 2023 before me, the ir.,, ° ':' „,d q a Notary Public in and for the State of Iowa,personally appeared { D--Im a ?ter 1 , � ---.----.�-: , 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. DEBRA A.H.JACOBS61 v commiss1oN No.708536' 4 tisrc + lrcal�s Notary Public in and for the St to of Iowa qo' .) 7. CITY OAF WATERLOO, IOWA By L SJ.�-..1 Q� Quentin-1 M. Hart,Mayor ATTEST: Kelley Felchle , C Clerk STATE OF IOWA ss. BLACK HAWK COUNTY ) On this (. day of O g mex-4 ,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 affixed 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. oAsF BRtTNI C PERKINS _ COMMISSION NO.845529 *, n* MY COMMISSION EXPIRES IOWA JANUARY 27,2026 Not lie in and rjIthe State of Iowa --1 1 '` C CERTIFICATE OF LIABILITY INSURANCE DATE/MMIDDIYYYY) 11/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. } IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed: If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s)...._. PRODUCER CDNTAGS- PDCM Insurance NAME. Lynette Sugdeil P.O.Box 2597 ,(Atc.NQ,Eid't 310,234 8880 i(NC N01:319-234-7702 Waterloo IA 50704 E•MAU ADDRESS: #sugdanapticriy.cDm INSURER(S)AFFORDING COVERAGE NAIC# INSURER A.Employers Mutual Companies 21415 , INSURED WATECOM 01 --- Wateri00-COn1IT1UQ % INSURER B. 11y" lool District 1516 Washington :of. INSURER C. Waterloo IA 50702" _._.. INSURER D, INSURER E: --... INSURER F: COVERAGES AGES CERTIFICATE NUMBER:2030761243 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICYEXP .._..' LTR , _. TYPE OF INSURANCE-- -- MD Imo„VO _ POLICY NUMBER (MMIOOJYYVYI fMMIfQ/Yyyyt LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 1D19735 7/1/2023 7l1/2024 _ CLAIMS-MADE X EACH OCCURRENCE $2,000,. OCCUR PREMISES(Ea (Es t'Eb - - PREMISES(Ea occurtencel $100 000' -' - MED EXP(Any one oerson):. $5,000 _man PERSONAL&ADV INJURY $2,000000 GE N L AGGREGATE LIMIT APPLIES PER X GENERAL AGGREGATE $4.000,00D POLICY [ ]LOC m PRODUCTS-COMP/OP AGG $4.000,000 $ A AUTOMOBILE LIABILITY 1E19735 7!1l2023 7H/2024 CDAEMNSflf$INFr' 'Lit{T $ -- -- X~ANY AUTO " 2) 2.00.0.Ug0 ALLOWNED �` BODILY INJURY(Per penny .1 "AUTOS ..AUTOS SULED _ ._ X HIRED1 AUTOS x !NON-OWNED BODILY INJURY(Per accident) $ — AUTOS'. -PROPERTY DAMAGE'- ... $ (Para 0990 m_ $ A X UMBRELLA LIAR i X I OCCUR 1J19735 7/1/2023 7/1/2024 EACH. OCCURRENCE EXCESS LIAR $3000 000 — CLAIMS-MADE AGGREGATE .$3.000000 DED X R_ETE_NTIOf93 j(b00jF. / _ $ A WORKERS COMPENSATION 6E57302 7!112023 ^`Z/1/2024 ( AND EMPLOYERS'LIABILITY Y I N X I STATUTE X i i R ANY PROPRIETOR/PARTNER/EXECUTIVE 0 L EA OFFICER/MEMBER EXCLUDED? N f A - . EACH ACCIDENT $500,000 (Mandatory In NH) If yes,describe under EL.DISEASE-EA EMPLOYEE$500,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICYLIMIT ($500,000 A Professional Errors 8 Omisswns 1K19735 -7/1/202'3 711/2024 Limit of Insurance 1,000.,000 Aggregate. 1,,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached If more space"s required) Event;Battle of Waterloo,Wrestling December 13th,2023;:to December 16th,2023. Wheys required by a Written contract,Cityof Water)oD,Wa ra Sprv/ces and YotUng;A lta are listed as additional insured u Whe 1equired in a written contract,City of Watedog1 Waf, lil Setv)ces and Y' utiu rtI a finer. L•10. t ,, Q� U Lft#ng_APB(S�will be provided a waiver of subrogaOtf(l u�8yg(jggeral :cginipictATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of.Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Waterloo Leisure ServicesACCORDANCE WITH THE POLICY PROVISIONS. Young Arena 715 Mulberry St AUTHORIZED REPRESENTATIVE Waterloo IA 50703 2/ ©1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD