Loading...
HomeMy WebLinkAboutMarching Against the Darkness Inc/Drill Team Competition 'c;lt`;fit,ARENA SPECIAL EVENTS CONCONPRA,CT This Agreement is entered into by and between the City of Waterloo,Iowa.by and .ttartgh the Waterloo Leisure Services(hereinafter,"lessor" And Marching Againstthe Trptt+ _inc/frill Team Com pe ,n £creinafter`Lessee")for an in consideration of the m utuai covenants and promises contained herein and for other good and valuable eonsideration,the receipt and sttfticiency of which are hereby acknowledged, The terms of the Agreement arc as follows: I. TERMS AND PREMISES. Lessor agrees to permit Lessee to use Young Arena beginning on the 11 th day of July 2024 and ending on the 13t day of July 2024 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. l A I LS. The Lessee agrees to pay the City of Waterloo for the rental of Young Arena and facilities by the following rates: REN'ffNU OF THE ARENA FOR DRY-t•LOOR EVENT Rental of the arena- S300tr Set-upltear down- Parking- Y.A.Security- Paramedics- Electrician- *Chair rental- *Table rental- *Stage/skirting rental- *Back-drop *Ushers- *Ticket takers- * Ticket sales Catersing food/beverage- * Eu utme rental- *T'orklif't operator ••1 man lift ° 6 ft glass netting removal- _ * Board removal- * IF NEEDED T©1'AL.RENTAL FEE: $3000 3: RENT. Lessor rents to Lessee and Iessce agrees to pay as rent the follow sun per month,'year the facility known,as the Young Arena. Deposit shall be Five, Hundred($500.00)Dollars,which shall he remitted as security,deposit upon the signing of this Agreement. 4. ADVERTISNU. 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_V Dollars for the use of the leased space(s)or % 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 range in whole or in part by any negligent act or omission or other fault of Lessee or anyone directly or indirectly employed byit 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 eel additional insurers with minimum coverage of Three Million Dollars($3,000,000)per occurrence, EQUIPMENT. Lessee may install and promptly remove its own special egwprnert services and supplies.and shall operate them all at its own expense and Iurbilily and upon failure to remove any property fium the building or grounds y � ' 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 agars 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 riot covered by said security deposit. 10. LAWS. Lessee agrces to obey all federal, state and local laws, which may apply to this Agreement, including the use of Yonne Arena, • 11. CONCESSIONS. All concessions in and about Young Arena dining 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 marls,or copyrighted materials,and shall assume any and all liability therefor. 14, L'Ill 1TtES AND SERVICES. Lessor,during the term of this Agreement shall be responsible for all utilities. 15, ASSIGNMENT AND SUBLETTING. Any a.ssigtunent 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 broaches any of the provisions contained in tins 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"Le:ssor shall become immediately payable tp I kss©r. 17. LIENS. Neither Lessee nor anyone clairning by,through,or trader 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 ir�crp 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 DE MANDS. Notices as provided for in this Agreement shall l be given to the respective parties hereto at the respective addresses designated herein: Lessor to Chris Dolan,Young Arena Manager,at 125 Commercial Street, Iowa, 50701,and ➢rtrvel Given 319 504-2309 Watcatoo, 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 BLNEFIl'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.IIVG• 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 Lessees 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 tarn of this i. Agreement. fNe 23. CROWD CONTROL,. Lessee shall be solely responsible for the control of its .. org tization'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 CUIvIlil ATIVE. The various rights,pars,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 real,to which either may be entitled LESSEE By: ter, By . STATE:OF IOWA ss BT.AC;KIfA1vKCOUNT '"} On this.• day of ht I ,2024 ,before me,the n }:- undersigned,a Notary Public in and fo the State of Iowa,personally appeared DieciCft.I� 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. ,,, *must WITTENBERG. Notary Elie in and.or the State of Ior a-- wx Ey: V v U' l Quentin M Ilart,Mayor A'I PEST; 1 Kelley.Felehl ,City Clerk STATE OF IOWA 1 ss. BLACK HAWK COUNTY On this day of .2024 ,before rile, the undersigned,a Notary Public in and for the Stet of Iowa,personally appeared "n?A.Ifart and Kelley Pelchle,to me pc ly 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; .�#t 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 a my of its City Council and that Quentin M.Bart anti Kelley Felchle aelmowledged the execution of the iiistrunierit to be their voluntary act deed and the voluntary act and deed of the corporation,by it voluntary exectued. R 9[=k, :.V NO.845529 1 .:. EXPIRES No c, for the sate oflo aY 27,2028 A.. BRITNI BRITNI C PERKINS z "► ' COMMISSION NO.845529 +rtOWA•* JANUARY027 2026RE5 Ro® CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDYYYY) 06/13/2024 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 have ADDITIONAL INSURED provisions or 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 CONrACT Will Maddux NAME: East Main Street Insurance Services, Inc. PH(A/ONE FAX Ertl: (530)477-6521 Pam,No). Will Maddux E-MAIL info th ADOREss: @ eeventhelper.com PO Box 1298 INSURER(S)AFFORDING COVERAGE NAICA Grass Valley CA 95945 INSURER A: Crum&Forster 44520 INSURED INSURER B: . Marching Against the Darkness INSURER C: do Brea Hill INSURER D: Po Box 4218 INSURER E Waterloo IA 50704 INSURERF: COVERAGES CERTIFICATE NUMBER: 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 BE 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. INSRL TYPE OF INSURANCE INSD WVD POLICY NUMBER L SOBS POLICY EFF POLICY EXP UNITS (MOLICYEFF I POLICY YY) X :COMMERCIAL GENERAL UABILITV EACH OCCURRENCE $ 1,000,000 CL41MS-MADE X OCCUR DAMAGE TO RENTED 1 PREMISES(Ea occurrence) $ 00,000 Host Liquor Liability MED EXP(My one person) $ 5,000 A ' Retail Liquor Liability Y Y BAK-88413-3-A3984079 07/13/2024 07/15/2024 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 2,000,000 X POLICY PECT I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 250 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per_ person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABIUTY Y/N STATUTE ER ANYPROPRI ETOR/PARTN E R/EXECUTIVE OFFICERIMEMBEREXCLUDEO? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached R more space is required) Certificate holder listed below is named as additional insured per attached CG 20 10 12 19.Attendance:1000,Participants:500,Event Type:Bands-Amateur Only.Primary/Non-Contributory wording applies per attached CG 20 01 04 13.Waiver of transfer of rights of recovery against others to us referenced attached CG 24 04 12 19.Athletic/Sport Participants liability sublimit of$50,000 per occurrence,$50,000 General Aggregate. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Young Arena AUTHORIZED REPRESENTATIVE 125 Commercial Street Waterloo IA 50704 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BAK-88413-3-A3984079 COMMERCIAL GENERAL LIABILITY CG 2010 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations as required by Various written contract with the insured It is further agreed that this insurance shall be primary and non-contributory but only in the event of a named insured's sole negligence Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only with exclusions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insureds) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 1219 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 BAK-88413-3-A3984079 CG 20 01 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (1) the Additional Insured is a Named Insured Condition and supersedes any provision to the under such other insurance; and contrary: Primary and Noncontributory Insurance (2) you have agreed in writing in a contract or This insurance is primary to and will not seek agreement that this insurance would be contribution from any other insurance avail- primary and would not seek contribution able to an additional insured under your policy from any other insurance available to the provided that: Additional Insured. Copyright, ISO Properties, Inc., 2012 CG 20 01 (Ed. 04/13) POLICY NUMBER: BAK-88413-3-A3984079 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Blanket as required by written contract&/or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1