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Home My WebLink AboutIowa State Athletics - 5.15.2024 CEDAR VALLEY SPORTSPLEX RENTAL CONTRACT 2024 This Agreement is made and entered into this,_8th_day of February, 2024 by and between the City of Waterloo, by and through the Waterloo Leisure Services Commission (hereinafter"Lessor"), and Iowa State Athletics (hereinafter"Lessee") for and in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The terms of this Agreement are as follows: I. TERMS AND PREMISES. Lessor agrees to permit Lessee to use Cedar Valley SportsPlex Gymnasium beginning on the May 15, 2024 and ending on May 15, 2024. 2. RATES AND OTHER NEEDS The Lessee agrees to pay Lessor and facilities within ten (10) working days of being billed according to the following rates: $3,100.00 for Iowa State Tailgate Tour on Wednesday May 15, 2024. Includes rental of Gymnasium, Multipurpose Room, Board Room, Pool Party Rooms, Stage Lessor will handle all concession/beer operations Contact Person: Mot-1 000rcU_' Phone Number: StS -5ZD- UZS$ 3. SCHEDULING A. It is further agreed that any dates, times, and rates, in addition to the above, must be negotiated with Lessor and reduced to writing prior to its effectiveness. B. If for any reason Lessor deems it necessary to close Cedar Valley SportsPlex, either temporarily or permanently, Lessor will not assume nor be responsible for any loss, financial or otherwise, incurred by any organization including Lessee, utilizing Cedar Valley SportsPlex on a regular, contractual, or other basis resulting from said closure of the facility. This disclaimer shall further notify all Lessees, users, and/or parties' agreement that Lessor shall not be liable for any consequential damages resulting from the closure of Cedar Valley SportsPlex for any reason. 4. CANCELLATIONS. Any cancellations of rental must be made at least seven (7) days in advance or Lessee shall be charged and be responsible for the regular scheduled rental time. Cancellations made prior to seven (7) days will be responsible for 10%of total event charge. All scheduling and rates on all special events must be made with the Recreation Services Manager or the Recreation Services Supervisor. 5. INSURANCE AND INDEMNITY A. Lessee shall defend, indemnify and hold harmless Operator, its officers, agents and employees from and against all claims, damages, liabilities and expenses (including costs and attorney's fees) arising from bodily injury, personal injury, including death at any time resulting there from, sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of Lessee's performance of this Agreement, provided such injuries to persons or damage to property are due to the negligent or intentional acts or omissions of lessee, its officers, employees or agents. The provisions under this paragraph shall only apply in proportion to and to the extent of such negligent or intentional acts or omissions. Operator shall defend, indemnify and hold harmless Lessee, its officers, agents and employees from and against all claims, damages, liabilities and expenses (including costs and attorney's fees) arising from bodily injury, personal injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of Operators performance of this Agreement, provided such injuries to persons or damage to property are due to the negligent or intentional acts or omissions of Operator, its officers, employees or agents or operation of the SportsPlex, including without limitation the fixtures, entrances, exits, sidewalks and approaches of the SportsPlex. The provisions under this clause of this paragraph shall only apply in proportion to and to the extent of such negligent or intentional acts or omissions. It shall be the intent of the parties hereto, that they mutually agree to release, indemnify and hold harmless each other, from and against all liability for bodily injury (including death or paralysis), damage to property, personal injury, claims, demands, losses, damages, costs and expenses (including attorney's fees), and lawsuits arising from, or alleged to arise from, the rental and use of gymnasium time and/or the facilities, which are the subject of this agreement. Each party shall agree to accept full responsibility for their own negligence and their own actions. B. Certificates or copies of said polices provided to Lessor, and stipulating that there must be at least thirty (30) days written notice rendered to Lessor before any cancellation of said insurance policy. All copies of insurance shall be immediately transferred to City Clerk/Insurance Coordinator. LESSEE By: M. bsi. 4141-1431u6 By: STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Z On this day of, before me, the undersigned, a Notary Public 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 Public in and for the State of Iowa CITY OF WATERLOO, IOWA By: to Quentin M. Hart, Mayor ATTEST: Kelley elchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this 2 da of, fl ��(�� ) Z�k9o2y y ,-1 � , 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 Felcht 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. fejLk .y s', %::�; = of ry PublV in and for the State of Iowa z .ot9 r- ems.• °% F1 s•...• 4 rP4' -.. A, 'gay Y • -• r 47„•- 5 4o",, •° , - 1•••• ,0" IOWA STATE UNIVERSITY Office of Risk Management 1700 Administrative Services Building 2221 Wanda Daley Drive OF SCIENCE AND TECHNOLOGY Ames,Iowa50011-1004 (515)294.7711 orm@iastate.edu Certificate of Self-Insurance Tort Liability (Personal Injury and Property Damage) As a Board of Regents institution, Iowa State University(University) is an agency of the State of Iowa (State),and as such is covered by the State's self-insurance for tort liability,which includes motor vehicle liability. Tort claims against the State are handled as provided in the Iowa Tort Claims Act(Iowa Code, Chapter 669) which also sets forth the procedures by which tort claims may be brought. Claims under Chapter 669 may be filed against the State on account of wrongful death, personal injury or property damage incurred by reason of the negligence of the University or its employees while acting within the scope of employment. Subject to the conditions in the statute,the State will defend, indemnify and hold harmless the University and its employees against tort claims under the U.S. Constitution,statutes or rules of the United States and/or any other state. The State coverage will not extend to third parties, meaning that the University does not have the ability to name another party as an additional insured. Furthermore,the University is generally prohibited from agreeing to hold others harmless for their own negligence; this is not a release of liability. Worker's Compensation coverage for University employees is provided through provisions of the Code of Iowa, Section 8A.457. Susanne Johnson Risk Management director Iowa State University This certificate of self-insurance is provided in lieu of any commercial insurance requirement. It is for informational purposes only and confers no rights to the viewer or holder. The information provided is a summary of sections of the Code of Iowa. This document does not amend or extend coverage beyond that provided by the State. See applicable Iowa Code for additional information. References: Iowa Tort Claims Act; Iowa Code,Chapter 669 Workers Compensation coverage;Code of Iowa, Section 8A.457