HomeMy WebLinkAboutReso 91-223 - Approve & Authorize the mayor to sign the agreement between the COR & Redding Swim Club for use of Redding Plunge (Pool) from 06/10/91 through 08/23/91i
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
BETWEEN THE CITY OF REDDING AND THE REDDING SWIM CLUB FOR
USE OF THE REDDING PLUNGE (SWIMMING POOL) FROM JUNE 10,
1991, THROUGH AUGUST 23, 1991.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
1. That the City Council of the City of Redding hereby
i approves the Agreement for use of the Redding Plunge ( swimming
pool) by and between the City of Redding and the Redding Swim
Club from June 10, 1991 , through August 23 , 1991 , a true copy of
which is attached hereto and incorporated herein.
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the
City of Redding, and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 4th day of June 1991, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, moss & Buffun
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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AN BUFFUM; Mayor
City of Redding
ATTEST: O PPROVED:
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ETHEL A. NICHOLS, City Clerk R DALL A. HAYS, ity Attorney r
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REDDING PLUNGE AGREEMENT
THIS AGREEMENT is made and entered into by and between the
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CITY OF REDDING, a Municipal Corporation, hereinafter referred to
as "CITY," and the REDDING SWIM CLUB, a Non-profit Organization,
hereinafter referred to as "CLUB" :
W I T N E S S E T H:
WHEREAS , CITY is the owner of the Redding Plunge in the Claude
H. Caldwell Memorial Park, which has been in use and operated as a
public swimming pool for many years (hereinafter referred to as
"Redding Plunge" or "Facility" ) ; and
WHEREAS, it is deemed to be in the best interests of the CITY
and its citizens that certain terms and conditions be agreed upon
in writing for the use of said Facility by the REDDING SWIM CLUB,
at specified times;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1 . During the term of this Agreement, CITY hereby permits
CLUB ( 1) the regular use of the Redding Plunge ( in conjunction with
other aquatic club applicants) from 5:00 p.m. to 7 : 00 p.m. , Monday
through Friday; and ( 2) the special use of the Redding Plunge for
swim meets to be held on dates to be agreed upon by the CITY' s
Director of Parks and Recreation at such time as the schedule for
these meets is coordinated.
2 . The term of this Agreement shall be June 10, 1991,
through August 23 , 1991.
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3 . CLUB shall use said Facility as and for swimming only,
and for no other purpose.
4 . CLUB accepts the Redding Plunge as being in good and
sanitary order, condition, and repair. CITY shall perform
maintenance when required, but CLUB shall, after each use, leave
said Facility in a clean and sanitary condition and repair,
reasonable use and wear thereof and damage by fire, Act of God, or
by the elements excepted. CLUB shall be responsible for the care
and maintenance of its own equipment, and CITY will not be liable
for any loss of or damage to any of CLUB' s equipment.
S . No alterations or improvements to said Facility shall be
performed by CLUB without prior written approval by CITY. Water
and electricity will be provided to said Facility at no cost to
CLUB.
6 . This Agreement shall not be assigned by CLUB without
first securing the written approval of CITY.
7 . CLUB shall provide its own adult supervision and
lifeguards during all periods of use.
S. It is understood and agreed as a condition of this
Agreement that CITY, its officers, agents, and employees, shall be
free from any and all liability and claims for damages for personal
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injury, death, or property damage in any way connected with CLUB' s
use of said Facility, or any improvements connected with the use of
said Facility, or any improvements constructed therein or thereon
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under this Agreement. CLUB shall indemnify, defend, and hold CITY,
its officers, agents, and employees, harmless from any and all
claims, expenses, demands, causes of action, liability, loss,
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injury, or death, regardless of the nature or character , in any
manner whatsoever, on account of or arising out of any such injury,
death, or loss caused by the negligence or other legal fault of
CLUB or its officers, agents, employees, and members.
9. It is further understood and agreed as a condition of
this Agreement that CLUB shall, at its own expense and at all times
during the term of this Agreement, obtain from a company authorized
to do business in the State of California and keep in full force
and effect:
a. Public liability insurance in the minimum amounts of
$300 , 000 . 00 for injury or death to any person, and
$500,000 . 00 for injury or death of more than one person
in the same accident, and
b. Public liability insurance for property damage in the
minimum sum of $50 ,000 . 00; OR, in the alternative,
C. A combined single-limits policy in an amount of not less
than $500 ,000. 00.
Sai�-2 policy shall name CITY, its officers, agents, and employees,
as additional insured, and shall further contain a provision
obligating the insurance carrier to notify CITY in writing at least
ten ( 10) days prior to any cancellation or reduction of such
insurance. A Certificate of Insurance evidencing such coverage and
notice requirement shall be approved by the Risk Manager of CITY
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and filed with him prior to the first usage of the Facility under
this Agreement.
10 . Either CITY or CLUB shall have the right to terminate
this Agreement upon ten ( 10) days' written notice to the other
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party.
11 . In the performance of this Agreement, CLUB is acting
independently and not as an employee or affiliate of CITY.
12 . It has been determined that this matter is not subject to
the provisions of the California Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in the presence of their respective Officers duly
authorized in that behalf on the dates set forth below.
CITY OF REDDING
Dated: 1991 By:
NANCY BUFFUM, Mayor
REDDING SWIM UB
Dated: l c, 1991 By: ffloO
By:
ATTEST:
ETHEL A. NICHOLS, CITY Clerk
FORM APPROVED:
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RANDALL A. HAYS, City Attorney
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