HomeMy WebLinkAboutReso. 1987-022 - Approving the agreement between the city of redding and the redding swim club :� . , � � '
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I RESOLUTION NO. g7'��
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE
I REDDING SWIM CLUB FOR USE OF THE REDDII'�G PLUNGE IN THE
! CLAUDE H. CALDWELL MEMORIAL PARK, AND AUTHORIZING THE MAYOR
;i TO SIGN SAME.
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�� IT IS HEREBY RESOLVED by the City Council of the City of
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'I Redding as follows:
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1 . That the City Council of the City of Redding hereby
� approves the Agreement between the City of Redding and the
Redding Swim Club, a true copy of which is attached hereto and
incorporated herein; and
,': 2. That the Mayor of the City of Redding is hereby
�� authorized and directed to sign all necessary documents on behalf
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j 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
documents, when appropriate.
I HEREBY CERTIFY that the foregoing Resolution was
� introduced and read at a regular meeting of the City Council of
Ithe City of Redding on the 2nd day of February , 1987, and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen & Fulton
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
� ABSTAIN• COUNCIL MEMBERS: None
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EE D. FULTON, M.D. , Mayor
' City of Redding
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j ATTEST: FO PPROVED:
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� � ETHEL A. NICHOLS, City Clerk RA ALL A, HAYS, City Attorney �
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AGREEMENT
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I, THIS AGREEMENT made and entered into this 2� � day of
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�Cc�rnb�r , 1986 , by and between the CITY OF REDDING, a
I; ' Municipal Corporation, hereinafter referred to as "City, " and the
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REDDING SWIM CLUB, a non-profit organization, hereinafter
referred to as "CLUB" :
� W I T N E S S E T H:
I; WHEREAS, CITY is the owner of the Redding Plunge in the
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�� ; Claude H. Caldwell Memorial Park, which has been in use and
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I� � operated as a public swimming pool for many years; and
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WHEREAS, it is deemed to be in the best interests of the
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CITY and its citizens that certain terms and conditions be agreed
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upon in writing for the exclusive use of said facility by the
,I REDDING SWIM CLUB, at specified times;
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�� NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
�' parties hereto as follows:
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' � 1 . CITY hereby permits CLUB the regular use of the Redding
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rlun�e durinS the hours from 7: 00 a.m. to � : 00 a.m, and from 5 : 00
p.m. to 7 : 00 p.m. daily, for a period commencing June 1 , 1986 ,
� and terminating December 31 , 1986; and special use of the Redding
;� Plunge for swim meets on dates to be agreed upon by CITY' s
�! Director of Parks and Recreation, at such time as the schedule
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�� for these meets is coordinated.
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� 2 . CLUB shall use said facility as and for swimming only,
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`' and for no other purpose.
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� 3 . CLUB accepts the Redding Plunge as being in good and
j� sanitary order, condition and repair. CITY shall perform
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� ! maintenance when required, but CLUB shall, after each use, leave
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;i said facility in clean and sanitary condition and repair,
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' reasonable use and wear thereof and damage by fire, act of God or
� by the elements excepted. CLUB shall be responsible for the care
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� and maintenance of its own equipment, and CITY will not be liable
� for any loss of or damage to any of CLUB' s equipment.
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��� 4 . No alterations or improvements to said facility shall
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;; be performed by CLUB without prior written approval by CITY.
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tti'ater and electricity will be provided to said facility at no
I� cost to CLUB.
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I 5 . This Agreement shall not be assigned by CLUB without
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I'j first securing the written approval of CITY.
�i 6 . CLUB shall provide its own adult supervision and
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�I lifeguards during all periods of use.
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7 . CITY, its officers, agents and employees , shall be free
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' from all liability and claims for damages by reason of any injury
I to person or persons , including members of CLUB, from any cause
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!� � or causes whatsoever in any way connected with the use of said
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ifacility or any improvements constructed therein or thereon,
'! i under this Agreement. CLUB shal,l indemnify, defend and hold
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�� CITY, its officers , agents and employees, harmless from aIl
I' claims , demands, causes of action, liability, loss or injury,
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;� regardless of nature or character, in any manner whatsoever, on
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� ; account of or arising out of or related to the use of said
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i� facility, unless such be caused by the sole negligence of CITY.
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i� , 8 . CLUB shall furnish to CITY evidence of public liability
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insurance for personal injury and property damage in such maximum
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� � amounts as determined by CITY. Such insurance shall name CITY,
�i ' its officers , agents and employees , as additional insureds, and
I� shall further contain a provision which obligates the insurance
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{� ; carrier to notify CITY in writing at least thirty � (30) days prior
'I� to any cancellation or reduction in coverage of such insurance.
�� 9. Either CITY or CLUB shall have the right to terminate
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this Agreement upon ten (10) da_ys ' written notice thereof to the
I other party.
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� � IN WITNESS WHEREOF, the parties hereto have executed this
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l� ; Agreement on the day and year first above written.
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j CITY OF REDDING
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LEE D. FLILTON, M.D. , Mayor
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�� REDDING CLUB
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I � ATTEST: ��
I ETHEL A. NICHOLS, City Clerk
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�1 FORM APPROVED;
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'� ' RANDALL A. HAYS, City Attorney
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