Loading...
HomeMy WebLinkAboutYoung Arena - Marching Against the Darkness Inc./Drill Team Competition - July 2025 . . 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 Against the Darkness Inc./Drill Team Competition (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 106 day of July2025 and ending on the 12th day of July 2025 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- $3000 •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: $3000 3. RENT. Lessor rents to Lessee and Lessee agrees to pay as rent the following e't 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 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 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 bc 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 usc of Young Arena. I. 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 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 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 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 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 Lessees 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 Darvel Givens 319 51)4-2309 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 parties 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,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. p . , 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: By. Pf-rd Hal STATE OF IOWA ss. BLACK HAWK COUNTY) On this Z day of 7:5-,Ttvi.-- ,2025 ,before me, the undersigned,a Notary Public in and for the State of Iowa, personally appeared (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. titr; CAlte kif cam SHEPHARD °Ars Corrwrission No.840616 Notary Public in and r the State of Iowa 4, Ill * r. •. Evires CITY OF WATERLOO, IOWA By: Quentin M. Hart,Mayor ATTEST Ke ey Fel le City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY ) -1 411 On this I day of J1)-- ) ,2025 ,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. tome, NANCY ANNE HIGBY No ;Public in A for the State of ,- °, vc. comMiSSION NO.8513884 * MY 1:.AMIS..1...afac._j_4153s.r.LREs row* _ _ r' Iofz',4MMo Yip' / ® DATE(MWDD/YYYY) AFRO CERTIFICATE OF LIABILITY INSURANCE 06/16/2025 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 CONTACT NAME: P Event Helper Customer Service oGh GaslampInsurance Services PHONE 530 477-6521 FAX (A/C.No.Ext): ( ) (A/C,No): xNU6iIIWi1 • �n DBA Event Helper Insurance Services E-MAIL E-MAIL s: Info@theeventhelper.com ADDRE PO Box 1549 INSURER(S)AFFORDING COVERAGE NAIC# HIPIdllllll l0' u ' 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 INSURER F: 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(aE cNT currrrence) $ 100,000 Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y Y BAK-88413-4-A4457875 07/12/2025 07/13/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 2,000,000 X POLICY PROT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JEC OTHER: Deductible $ 1,000 AUTOMOBILE LIABILITY 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'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A - (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 if 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.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-88413-4-A4457875 COMMERCIAL GENERAL LIABILITY CG 20 10 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 insured(s) 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2