HomeMy WebLinkAboutReso 91-241 - Approve & Authorize the mayor to execute the agreement between COR, Shasta Union HSD, and the Redding swim club for use of pool at Enterprise HS from 06/10/91 through 08/23/91 •
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RESOLUTION NO. 2/
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
' APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
' AGREEMENT BETWEEN THE CITY OF REDDING, THE SHASTA UNION
i HIGH SCHOOL DISTRICT, AND THE REDDING SWIM CLUB FOR USE
OF THE SWIMMING POOL AT THE ENTERPRISE HIGH SCHOOL FROM
i JUNE 10, 1991, THROUGH AUGUST 23, 1991.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
j 1 . That the City Council of the City of Redding hereby
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approves the Agreement for use of the Enterprise Pool by and
between the City of Redding, the Shasta Union High School
j District, 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
iauthorized and directed to sign said Agreement on behalf of the
i 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 18th day of June 1991 , and was duly
adopted at said meeting by the following vote:
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AYES: COUNCIL MEMBERS: Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Arness & Buffum
ABSTAIN: COUNCIL MEMBERS: None
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MIKE DAHL, Mayor
City of Redding
ATTEST: FORM ROVE
ETHEL A. NICHOLS, City Clerk for RANDALL HAYS, City Attorney
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ENTERPRISE POOL AGREEMENT
THIS AGREEMENT is made and entered into by and between the
SHASTA UNION HIGH SCHOOL DISTRICT, hereinafter referred to as
"SCHOOL DISTRICT, " the CITY OF REDDING, 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, SCHOOL DISTRICT is the owner of the swimming pool at
Enterprise High School (hereinafter called "Facility" ) , which is
used and maintained jointly by the SCHOOL DISTRICT and CITY; and
WHEREAS, it is deemed to be in the best interests of the
SCHOOL DISTRICT, and the CITY and its citizens, that certain terms
and conditions be agreed upon in writing for the use of said
Facility by 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, SCHOOL DISTRICT and
CITY hereby permit CLUB ( 1) the regular use of the Enterprise Pool
during the hours from 6: 00 a.m. to 8 : 45 a.m. ( in conjunction with
other aquatic club applicants) , Monday through Friday; and ( 2) the
special use of the Enterprise Pool for swim meets to be held on
dates to be agreed upon by the CITY' s Director of Recreation and
Parks and the Enterprise High Principal at such time as the
schedule for these meets is coordinated.
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2. The term of this Agreement is June 10 , 1991 , through
,August 23 , 1991.
3 . CLUB shall use said Facility as and for swimming only,
and for no other purpose.
4 . CLUB accepts the Enterprise Pool as being in good and
sanitary order, condition, and repair. SCHOOL DISTRICT and CITY
shall perform maintenance when required, but CLUB shall, after each
use, leave said Facility and the SCHOOL DISTRICT' s equipment 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 SCHOOL DISTRICT and CITY will not be
i liable for any loss of or damage to any of CLUB' s equipment. The
pool cover shall be removed and replaced by CLUB as directed by the
Enterprise High Principal.
5. No alterations or improvements to said Facility shall be
performed by CLUB without the prior written approval of SCHOOL
DISTRICT and CITY. Water and electricity for lighting and pool
water filtration will be provided to said Facility at no cost to
CLUB; and SCHOOL DISTRICT' s obligations with respect thereto shall
be consistent with the Agreement dated May 18, 1981, between the
SCHOOL DISTRICT and CITY regarding heating and chemicals for the
pool. CLUB shall be responsible for any and all costs of heating
the pool.
6. This Agreement shall not be assigned by CLUB without
first securing the written approval of SCHOOL DISTRICT and CITY.
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7. CLUB shall provide supervision by United States regis-
tered swimming coaches and certified lifeguards during all periods
of use, including practices and competitions.
8 . It is understood and agreed as a condition of this
Agreement that SCHOOL DISTRICT, NORTHERN CALIFORNIA SCHOOLS
INSURANCE GROUP (hereafter referred to as NCSIG) , CITY, and their
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respective officers, agents, and employees, shall be free from any
and all liability and claims for damages for personal 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 under
this Agreement. CLUB shall indemnify, defend, and hold SCHOOL
DISTRICT, NCSIG, CITY, and their respective officers, agents, and
employees, harmless from any and all claims, expenses, demands,
causes of action, liability, loss, 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
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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 .
Said policy shall name SCHOOL DISTRICT, NCSIG, CITY, and their
respective officers, agents, and employees, as additional insureds,
and shall further contain a provision obligating the insurance
carrier to notify SCHOOL DISTRICT, NCSIG, and 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
and filed with him, and with SCHOOL DISTRICT, prior to the first
usage of the Facility under this Agreement.
10 . Either SCHOOL DISTRICT, CITY, or CLUB shall have the
right to terminate this Agreement upon thirty ( 30 ) days' written
notice to the other parties.
11. In the performance of this Agreement, CLUB is acting
independently and not as an employee or affiliate of SCHOOL
DISTRICT, NCSIG, or 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
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authorized in that behalf on the dates set forth below.
CITY OF REDDING
Dated: .lune 18 1991 By:
MIKE DAHL, Mayor
SHASTA UNI H SCHOOL DISTRICT
Dated: e//Z 1991 By: �
By:
REDDING SWIM CLUB
Dated: March 10 1991 By:
By:
ATTEST:
ETHEL A. NICHOLS, CITY Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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