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HomeMy WebLinkAboutReso. 1988-311 - Approving the agreement between the city of redding, shasta union high school district and redding swim club for use of the swimming pool . I • RESOLUTION NO. 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING, SHASTA UNION HIGH SCHOOL DISTRICT, AND REDDING SWIM CLUB FOR USE OF THE SWIMMING POOL AT ENTERPRISE HIGH SCHOOL, AND AUTHORIZING THE MAYOR TO SIGN SAME. 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 between the City of Redding, Shasta Union High School District and the Redding Swim Club, effective June 1 , 1988 , 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 on the aforesaid document, when appropriate. 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 6th day of September , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl, Fulton, & Johannessen NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None / 44 rfr KS'' MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: FO PPROVED: EQ ,tom ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS , City Attorney , • , � • 11 • AGREEMENT THIS AGREEMENT, effective June 1 , 1988 , is made and entered into between SHASTA UNION HIGH SCHOOL DISTRICT, hereinafter referred to as "School District, " CITY OF REDDING, hereinafter referred to as "City, " and REDDING SWIM CLUB, a non-profit organization, hereinafter referred to as "Club" : WITNESSETH: WHEREAS , School District is the owner of the swimming pool at Enterprise High School , 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 exclusive use of said facility by Club, at specified times; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows : 1 . School District and City hereby permit Club the regular use of the Enterprise Pool during the hours from 6 :00 a.m. to 9 :00 a.m. daily (see exception following) for the period commencing June 14 , 1988 , and terminating August 22 , 1988 , for the special use of swim meets on dates to be agreed upon by the City' s Director of Parks and Recreation and the Enterprise High Principal, at such time as the schedule for these meets is coordinated. Exception: When summer school is held at • 1a Enterprise High, the facility will not be available after 8 : 00 a.m. 2 . Club shall use said facility as and for swimming only, and for no other purpose . 3 . 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 School District equipment in 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. 4 . 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. r2- lib 5 . This Agreement shall not be assigned by Club without first securing the written approval of School District and City. 6 . Club shall provide supervision by United States registered swimming coaches and City certified lifeguards during all periods of use, including practices and competitions. 7 . 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 any 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 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. 8 . 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 -3- " 11c • • 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 . 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 the City Clerk of City, and with School District, prior to the first usage of the facility under this Agreement. 9 . Either School District, City, or Club shall have the right to terminate this Agreement upon thirty (30) days ' written notice to the other parties. 10 . In the performance of this Agreement, Club is acting independently and not as an employee of School District or City. -4- lid 111 III . 11 . 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 on the dates set forth below. CITY OF REDDING By: K. MAURICE JOHANNESSEN, Mayor SHASTA W "NIIIGH SSC OOL DIc'T•T2ICT By: J.:eph M. Appe , Superintendent By: REDDING ,SWIM CLUB By: <,.:Z7 By ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -5-