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HomeMy WebLinkAboutReso 1990-332 - Authorizing the mayor to sign the agreement between the city of redding and the shasta aquatic center P' 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 SHASTA AQUATIC SWIM CLUB FOR USE OF THE REDDING PLUNGE (SWIMMING POOL) . 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 approves the Agreement for use of the Redding Plunge (swimming pool) by and between the City of Redding and the Shasta Aquatic Swim Club, from May 26 through September 3 , 1990 , 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 3rd day ofJuly , 1990 , and was duly adopted at said meeting by the following vote : AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss, Buffum NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None C 'UFFUM, ��:yor !li dof Redding ATTEST: FORT M,9PROVED: (*E4-e ne e-Z e -;r2e(-4', ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS , C' ty Attorney W N Ill • REDDING PLUNGE AGREEMENT it THIS AGREEMENT is made and entered into by and between the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as "CITY, " and the SHASTA AQUATIC SWIM CLUB, a Non-profit Organization, hereinafter referred to as "CLUB" : WITNESSETH: 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 SHASTA AQUATIC SWIM CLUB, at specified times ; iG 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 from 7 : 00 a.m. to 8 : 45 a.m. , Monday through Friday; ( 2) the regular use of the Redding Plunge (in conjunction with the REDDING SWIM CLUB) from 5 : 00 p.m. to 7 : 00 p.m. , Monday through Friday; and (3) 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 6 111 IIM Recreation at such time as the schedule for these meets is coordinated. 2 . The term of this Agreement is May 26 , 1990 , through September 3 , 1990 . 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. 5 . No alterations or improvements to said Facility shall i; 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 . 8 . 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 all liability and claims for damages for personal injury, death, or property damage in any way connected -2- • • with CLUB' s use of said Facility, or any improvements connected with the use of said Facility, or any improvezents constructed therein or thereon 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 H 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 in the same accident, and I 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 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 rr -3- Irv,! . • . least ten (10) days prior to any cancellation or reduction of such insurance. A Certificate of Insurance evidencing such ;G- coverage and notice requirement shall be approved by the Risk Manager of CITY and filed with him prior to the first usage of the Facility under this Agreement. 'I 10 . Either CITY or CLUB shall have the right to terminate • this Agreement upon ten (10) days ' written notice to the other party. 11 . In the performance of this Agreement, CLUB is acting ti 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: , 1990 By: NANCY BUFFUM, Mayor SHASTA AQUATIC SWIM CLUB i ./ Dated: lw' : , 1990 By: �c J 7 ( a "(� /(«, �1��is �� //i 071 ? By: ATTEST: FORM APPROVED : i 11 ETHEL A. NICHOLS , CITY Clerk RANDALL A. HAYS , City Attorney -4-