HomeMy WebLinkAboutWaterloo Softball Association-Lease Agreement-11.20.2006 SOFTBALL FACILITY LEASE
This Softball Facility Lease (the "Lease") is made and entered into as of NOMA Ile( ?0 , 2006, by and
between the City of Waterloo, Iowa ("Landlord"), whose address for the purpose of this Lease is 1101 Campbell
Avenue,Waterloo, IA 50701,and Waterloo Softball Association, Inc.("Tenant"),whose address for the purpose of
this Lease is
1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements
and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and
Tenant hereby rents and leases from Landlord,according to the terms and provisions herein,the following described
real estate, situated in Black Hawk County, Iowa, to-wit:
The facility known as the Hoing-Rice Softball Center, consisting of five (5) softball diamonds,
appurtenant green space, enclosed structures, fences and parking areas, bounded by Josephine
Street, Burton Avenue,Walker Street,and Longfellow Avenue,and in the area legally described as
Lot M in Cedar Dale,the North one-half of Lot N in Cedar Dale,and that part of Lot N in Cedar Dale
commencing on the East line of said Lot N 135.95 feet North of the Southeast corner of Lot N,
thence North 164.94 feet, thence West 231.03 feet, thence South 163.95 feet, thence East to the
point of beginning, all in Waterloo, Black Hawk County, Iowa;
with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term of
three (3) years,commencing at midnight of the day previous to the first day of the Lease term,which shall be on
the 1st day of January ,2007, and ending at midnight on the last day of the Lease term,which shall be on
the 31 st day of December , 2009, upon the condition that the Tenant pays rent therefor, and otherwise
performs as provided in this Lease.
At the end of the lease term, Tenant shall have the option to renew this Lease upon the terms set forth in
paragraph 24(a) below.
2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 10.00 , in advance, and
such payment becoming due upon execution of this Lease by Tenant. All sums shall be paid at the address of
Landlord, as above designated,or at such other place as the Landlord may,from time to time,previously designate
in writing. In the event that this Lease is terminated by either party for any reason before the end of the Lease term,
no part of the above rental shall be refundable.
3. POSSESSION. Subject to paragraph 11(a)below,Tenant shall be entitled to possession upon the first day
of the Lease term. Tenant shall yield possession to the Landlord at the time and date of the close of this Lease term,
except as herein otherwise expressly provided.
4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the
leased premises only for activities and purposes consistent with and incidental to the game of softball and youth
baseball. Tenant shall not use the premises for any other purpose without the prior written consent of Landlord.
Tenant's use of the premises shall comply with all applicable laws, regulations, and ordinances, including but not
limited to laws regulating the sale of alcohol.
5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant
on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in
this Lease,shall and may peaceably have,hold and enjoy the demised premises for the term of this Lease free from
molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever.
6. CARE AND MAINTENANCE OF PREMISES. Each party shall perform its responsibilities of repair and
maintenance to the end that the premises will be kept in a safe and serviceable condition. Tenant shall not permit
nor allow the premises to be damaged or depreciated in value by any act,omission,or negligence of itself,its agents
or employees.
(a)Tenant takes said premises in their present condition except for such repairs and alterations as may be
expressly herein provided.
(b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will replace and repair the structural
parts of the building, which for purposes of this Lease shall mean, and is hereby expressly limited to, the exterior
walls, load bearing components of interior floors and walls, and foundation. At the beginning of the Lease term,
Landlord shall provide operable plumbing and electrical systems.
(c) TENANT'S DUTY OF CARE AND MAINTENANCE. Except as expressly set forth in paragraph 6(b)
above, Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual
removal from the premises, at its own expense, care for and maintain the premises in a reasonably safe and
serviceable condition, except for structural parts of the building. Tenant will furnish its own interior decorating.
Tenant will be responsible to care for and maintain lawns, shrubbery, and landscaping on the leased premises,
including but not limited to all playing fields and diamonds and all areas lying outside of such fields between fencing
and the curb. Any work done to trees or shrubbery on the leased premises must be approved by the City Forester
prior to commencing work.Tenant shall furnish and maintain its own equipment for use and enjoyment of the leased
premises.
Tenant shall promptly notify Landlord regarding any defects or problems with plumbing, irrigation, or
electrical systems. Any cost or expense to repair such systems will be the sole responsibility of the Tenant. Tenant
agrees to keep faucets closed so as to prevent waste of water and flooding of premises. To the extent that Tenant
has control of thermostats, of any, Tenar t agrees to maintain adequate heat to prevent freezing of pipes.
Tenant at its own expense will be responsible for cleaning and minimally maintaining the sidewalks and
parking areas on the leased premises, provided that Tenant shall not be responsible to replace any sidewalks or
parking areas. Tenant shall make no structural alterations or improvements without the Landlord's prior written
approval of the plans and specifications therefor.
(d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the
Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision
shall not be construed as creating any duty by Tenant to members of the general public.Tenant will not allow trash of
any kind to accumulate on said premises or the parking area, and it will remove same from the premises at its own
expense.
(e) Tenant shall have responsibi ity for and perform all acts necessary for compliance with the Americans
with Disabilities Act.
7. FACILITY SERVICES. (a) UTILITIES AND SERVICES. Tenant, during the term of this Lease, shall pay
before delinquency all charges for use of telephone,water,sewer,gas, electricity,power,garbage or trash disposal,
and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises.
(b) JANITOR SERVICE shall be furnished at the expense of Tenant.
8. END OF TERM. (a)This Lease shall terminate upon expiration of the original term or,if this Lease expressly
provides for any option to renew,and if any such option is exercised by Tenant,then this Lease will terminate at the
expiration of the option term(s). Either party shall also have the option to terminate this Lease at the end of the
Lease term or any renewal term,without further obligation, provided that such party delivers written notice of its intent
to terminate to the other party no later then September 30 of the final year of the term then in effect.
(b) TERMINATION FOR CAUSE. At any time during the term of this Lease or any renewal thereof,Landlord
may terminate this Lease for cause by delivery of written notice of termination to Tenant no less than ninety(90)days
before such termination. For purposes of this Lease, "cause" shall mean any material breach of the terms or
conditions of this Lease by Tenant, including but not limited to a failure to provide any documentation required to be
delivered to Landlord hereunder. Said notice shall specify the grounds constituting cause for termination. Following
delivery of such notice, Tenant shall have a period of thirty(30)days in which to cure the default to the reasonable
satisfaction of Landlord, and following such cure Landlord shall deliver to Tenant a written notice of revocation of
notice of termination.
(c) SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that upon the termination of this
Lease it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of
ordinary wear and tear and depreciation arising from lapse of time, or damage not covered by insurance.
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(d) HOLDING OVER. Continued possession beyond the expiratory date of the term of this Lease by the
Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both
parties for an extension of this Lease, or for a new lease)shall constitute a year-to-year extension of this Lease.
9. ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease or sublet the premises or any part
thereof without the Landlord's prior written permission.
10. PROPERTY TAXES. The premises are currently exempt from taxation. In the event the premises ever
become taxable during the term of this Lease,or any renewal or extension thereof,Tenant shall pay all installments
that would become delinquent if not paid during the term of this Lease. Tenant shall also timely pay all taxes,
assessments, or other public charges levied or assessed by lawful authority against its personal property on the
premises during the term of this Lease. Tenant shall pay all special assessments that would become delinquent if
not paid during the term of this Lease. Each party reserves the right to protest any assessment of taxes.
11. INSURANCE. (a)Tenant covenants and agrees that it will at its own expense procure and maintain casualty
and liability insurance in the amount of not less than $2,000,000 per occurrence and limits of$100,000 for property
damage. Such insurance shall cover liability arising from premises operations and personal injury, including but not
limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the
Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before
cancellation, shall be delivered to the Landlord before Tenant takes possession of the premises. A renewal
certificate shall be provided to Landlord prior to expiration of any policy. Tenant shall be responsible to insure its own
personal property upon the premises. Landlord may at its own expense procure and maintain additional property
damage insurance for the building and grounds,and the proceeds of such insurance shall be used for repair and/or
replacement.
(b) Tenant shall provide to Landlord proof of Tenant's financial responsibility by the existence of a liability
insurance policy, as required by the Iowa Dramshop Act, codified at section 123.92 of the Iowa Code.
(c) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the
insurance rates in force upon the real estate improvements on the premises or upon any personal property of the
Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien.
(d) Subrogation rights are hereby waived, to the extent permitted by the parties' respective policies of
insurance.
12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation
of Landlord under this Lease,and to the extent not covered by insurance maintained by Landlord or Tenant,Tenant
will protect, indemnify, and save harmless the Landlord from and against any and all loss, costs, damage, and
expense occasioned by,or arising out of,any accident or other occurrence causing or inflicting injury and/or damage
to any person or property, happening or done, in, upon,or about the leased premises,or due directly or indirectly to
the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under
the Tenant.
13. FIRE AND CASUALTY. INTERFERENCE WITH USE OF PREMISES. In the event of a partial or total
destruction of or damage to the leased premises, including the parking area, which causes an interference by
preventing the conduct of a normal activities contemplated by this Lease,Landlord in its sole discretion may choose
to repair the premises or not. If Landlord elects not to repair the premises, then this Lease shall terminate upon
written notice from Landlord to Tenant. Tenant shall surrender possession within ten (10)days after such notice
issues and, each party shall be released from all future obligations hereunder.
14. CONDEMNATION. (a)DISPOSITION OF AWARDS. Should the whole or any part of the demised premises
be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be
entitled to retain, as its own property,any award payable to it. Or in the event that a single entire award is made on
account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair
and reasonable.
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(b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or
taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a)
above.
15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a)TERMINATION UPON EXPIRATION OR
UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term; or if this Lease
expressly and in writing provides for any renewal option or options, and if any such option is exercised by the Tenant,
then this Lease will terminate at the expiration of the renewal option term or terms. Upon default in payment of rental
herein, upon any other default by Tenant in accordance with the terms and provisions of this Lease,or upon Tenant's
abandonment of the premises by failure to engage in its usual and customary business activities on the premises for
more than fifteen (15) consecutive business days, this Lease may at the option of the Landlord be canceled and
forfeited, provided, however, before any such cancellation and forfeiture except as provided in paragraph 15(b)
below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will
be canceled and forfeited ten(10)days after the giving of such notice, unless such default,or defaults,are remedied
within such grace period. As an additional optional procedure or as an alternative to the foregoing(and neither being
exclusive of the other), Landlord may proceed as provided in paragraph 20 below.
(b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the
event of a judicial sale or other transfer of Tenant's leasehold interest by reason by anybankruptcyor insolvency
proceedings or by other operation of law, but not by death, and such bankruptcy,judicial sale, or transfer has not
been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in
any such events Landlord may, at its opl:ion, immediately terminate this Lease and, upon giving of ten (10) days'
written notice by Landlord to Tenant, re-enter said premises, all to the extent permitted by applicable law.
(c) Waiver of any default shall not constitute a waiver of any other or subsequent default.
(d) Acceptance of keys, advertising, and re-renting by the Landlord upon the Tenant's default shall be
construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this Lease.
16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by
either party in the performance of, or compliance with, any of the terms, covenants, or conditions of this Lease, and
such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the
person aggrieved, in addition to all other remedies now or hereafter provided by law,may,but need not,perform such
term, covenant, or condition, or make good such default, and any amount advanced shall be repaid forthwith on
demand, together with interest at the rate of 10% per annum from the date of advance.
17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the
leased premises,provided only(1)that any and all signs shall comply with the ordinances of the municipality in which
the property is located and with the laws of the State of Iowa; (2) such signs shall not change the structure of the
building; (3)such signs if and when taken down shall not damage the building;and(4)such signs shall be subject to
the prior written approval of the Landlord,
18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by,through,or under the Tenant,shall have
the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or
upon any building or improvement thereon,or upon the leasehold interest of the Tenant therein,and notice is hereby
given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any
building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien
thereon,and for the further security of the Landlord,the Tenant covenants and agrees to give actual notice thereof in
advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material,
service, or labor.
19. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right,from time to time
during the term of this Lease or renewal thereof,to sell or otherwise dispose of any personal property of the Tenant
situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or
unnecessary in connection with the operation of Tenant's business on the leased premises; provided, however,that
the Tenant shall, in such instance and at its own expense, substitute for such items of personal property so sold or
otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed
operation of the business upon the leased premises (unless no substituted article or item is necessary).
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20. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as
provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of
any rights, remedies. or priorities 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 party may be entitled as long as any default
remains in any way unremedied, unsatisfied, or undischarged. In the event of any legal proceeding between the
parties with respect to the Lease, the prevailing party shall be entitled to recovery of its reasonable attorney's fees
and legal expenses incurred in connection with such proceeding.
21. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties
hereto at the respective addresses designated on page one of this Lease 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 message shall be considered given under the terms of this Lease when sent,
addressed as above designated, postage prepaid, by first class mail and so deposited in a United States mail box.
22. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be
binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto.
23. CHANGES TO BE IN WRITING. None of the covenants,provisions,terms,or conditions of this Lease to be
kept or performed by Landlord or Tenant shall be in any manner modified,waived,or abandoned,except by a written
instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire
agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements
pertaining to the subject matter hereof.
24. OTHER TERMS. (a) Option to renew. At the end of the Lease term or any renewal term,this Lease shall
renew automatically upon the same terms and conditions unless either party delivers to the other a written notice of
termination pursuant to paragraph 8(a)above. Each renewal term shall be a period of three (3) additional years.
(b) Additional terms. This Lease is also subject to the terms and conditions set forth on Exhibit"A"attached
hereto and by this reference made a part hereof.
25. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof,shall be construed as in
the singular or plural number, and as masculine,feminine, or neuter, according to the context.
IN WITNESS WHEREOF, the parties hereto have duly executed this Softball Facility Lease as of the date first
written above.
LANDLORD TENANT
City of Waterloo, Iowa Waterloo Softball Association, Inc.
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By: By: 6.‘L.er1 t-- L/>f t,�l' t
Timothy J. Hurley, r Pre 'dent
Att : C C� By: c G 11�L-L
Nanc cke ecretary
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EXHIBIT "A"
1. Tenant Organization. The parties acknowledge that Tenant is a nonprofit corporation that has been
internally reorganized as a result of an informal merger with the Waterloo Women's Softball Association, Inc. To
encourage full integration of the women's softball association, Tenant agrees that, during the term of this Lease,
its governing board shall consist of twelve (12)voting members, with a minimum of three (3)female
representatives from women's teams. The City of Waterloo Sports Manager or designee shall be an ex officio,
non-voting member of the governing board.
2. Reports to Landlord. Tenant agrees to furnish to Landlord, on or before the dates indicated, the reports
described below:
a. Financial statements, including breakdown of league expenses and concession expenses.
Deliver by February 1 following the season just ended.
b. Concessions price list. Deliver by May 1.
c. Schedule of league fees. Deliver by April 1.
d. Agreements and rental fees for use of the leased premises by outside groups. Deliver by April
1.
3. Scheduling. Tenant agrees to work with Landlord in good faith to schedule use of the premises for
activities sponsored by Landlord. Tenant further agrees to make reasonable efforts to accommodate requests
for use of the leased premises for youth baseball and softball events. Tenant also agrees that scheduling of
women's games will be conducted in a manner that is fair, reasonable, and non-discriminatory in relation to
scheduling of men's games.
4. Game Times. Tenant agrees that no games will begin before 8:00 a.m. on any day and that all games
must conclude by 10:30 p.m. on any day. The Leisure Services Director or designee shall approve, in advance,
any potential variation of this finishing time.
5. Concessions. Subject to Sections 4 and 6(d)of this Lease, Tenant may sell food and beverages that
have been commercially pre-packaged or that are prepared on the premises. The concession stand shall close
no later than 11:00 p.m. The Leisure Services Director or designee shall approve, in advance, any potential
variation of this closing time. Profits derived by Tenant from sale of concessions shall be utilized as provided in
this Lease.
6. Service of Alcoholic Beverages. Tenant agrees that it will not sell, dispense, or in any manner serve, nor
will it allow any authorized user of the leased premises to sell, dispense, or in manner serve, any alcoholic
beverages of any kind at any event for youth.
7. Use of Proceeds. Tenant agrees that all proceeds it realizes from operation of the leased premises
must be used primarily for maintenance, repair, and improvement of the leased premises, and otherwise to fulfill
its duties under this Lease.
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