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Home My WebLink AboutReso. 1990-379 - Approving and authorizing the mayor to execute the agreement between the city of redding • RESOLUTION NO. 92 ' 77 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 HIGH SCHOOL DISTRICT, AND THE SHASTA AQUATIC SWIM CLUB FOR USE OF THE SWIMMING POOL AT THE ENTERPRISE HIGH SCHOOL. 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 Enterprise Pool by and between the City of Redding, the Shasta Union High School District, 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 7th day of Aug. , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Dahl , Fulton, Moss, Buffum NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : Arness ABSTAIN: COUNCIL MEMBERS: None AMP �� NANC : FFU Mayor Ci y of Red.ing ATTEST: OR,I'PPROVED: ETHEL A. NICHOLS , City Clerk 7,NDALL A. HA‘)/(7:ty Attorney iq \C. II j 11 i, ' • • 12 II II1 ENTERPRISE POOL AGREEMENT it 11 11 THIS AGREEMENT is made and entered into by and between the l ' SHASTA UNION HIGH SCHOOL DISTRICT, hereinafter referred to as I ; "SCHOOL DISTRICT, " the CITY OF REDDING, hereinafter referred to II as "CITY, " and the SHASTA AQUATIC SWIM CLUB, a non-profit I ; organization, hereinafter referred to as "CLUB" : WITNESSETH: WHEREAS , SCHOOL DISTRICT is the owner of the swimming pool at Enterprise High School (hereinafter called "Facility" ) , which IH is used and maintained jointly by the SCHOOL DISTRICT and CITY; 1.' and i, 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; li NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the 1!. parties hereto as follows : I, I' 1 . During the term of this Agreement, SCHOOL DISTRICT and II CITY hereby permit CLUB (1) the regular use of the Enterprise !j Pool during the hours from 7 : 00 a.m. to 8 : 45 a.m. (in conjunction with the REDDING SWIM CLUB) , Monday through Friday; and (2) the II special use of the Enterprise Pool for swim meets to be held on I li,� dates to be agreed upon by the CITY' s Director of Recreation and lk III,I Ill I � Illi 12A • • Parks and the Enterprise High Principal 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 . I , 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 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 Faci?ity at no cost to CLUB; and SCHOOL DISTRICT' s obligations with respect thereto shall be consistent with the Agreement dated May 18 , 1981 , !I ° between the SCHOOL DISTRICT and CITY regarding heating and _2_ III X11 I , 12B Ir ri chemicals for the pool . CLUB shall be responsible for any and all costs of heating the pool. ,1. 6 . This Agreement shall not be assigned by CLUB without first securing the written approval of SCHOOL DISTRICT and CITY. • 7 . CLUB shall provide supervision by United States regis- tered swimming coaches and CITY-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 respective officers , agents, and employees , shall be free from IIany and all 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 i-demnify, defend, �I 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, T. Iin-jury, 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 -3- 'jii 12C • tires 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 Ifb. 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 ' I reduction of such insurance . A Certificate of Insurance evidencing such coverage and notice requirement shall be approved bv the Risk Manager of CITY and filed with him, and with SCHOOL DISTRICT, prior to the first usage of the Facility under this Acreement. 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. -4- � a ��d • , 411 411 12D 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 Act. Quality IN WITNESS WHEREOF, the parties hereto have executed this 1 ,1 Agreement in the presence of their respective Officers duly authorized in that behalf on the dates set forth below. CITY OF REDDING Dated: , 1990 Bv: NANCY BUFFUM, Mayor SHASTA UNIO HIGH SCHOOL DISTRICT Dated: S/4#0 , 1990 By: By: SHASTA AQUATIC SWIM CLUB - i 1 Dated: 6 �/� �_ ;I/7 1990 By _L,�,'L,� .C��' iCtL-• By: ATTEST: FORM APPROVED: ETHEL A. NICHOLS, CITY Clerk RANDALL A. HAYS , City Attorney H -5- ��li