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Home My WebLink AboutReso. 1987-054 - Approving the agreement between the city of redding, shasta union high school district, and redding swim club 1 r � • • � � RESOLUTION NO. �� 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 ENTERPRISF HIGH SCHOOL, AND AUTHORIZING THE MAYOR TO SIGN SAME. � � IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : � l . 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, 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 � 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 I HEREBY CERTIFY that the foregoing Resolution was � introduced and read at a regular meeting of the City Council of I the City of Redding on the 2nd day of March , 1987 , and I I was duly adopted at said meeting by the following vote: � AYES: COUNCIL MEMBERS: Dahl , Gard, Johannessen, & Fulton � NOES: COUNCIL MEMBERS: None ABSENT; COUNCIL MEMBERS: Carter � ABSTAIN: COUNCIL MEMBERS: None ./1/� r� LEE D. FULTON, M.D. , Mayor City of Redding I i ATTEST: � FORM PROVED: � �.-�/c�� ,�.�� ETHEL . NICHOLS , Ci Clerk RAN ALL A. HAYS, City ttorney � �� J °�? � J �1 i ' � � i � ' • • ' , , . I� � AGREEMENT � ITHIS AGREEMENT made and entered into as of the lst day of June , 1986, by and between SHASTA UNION HIGH SCHOOL DISTRICT, ' hereinafter referred to as "School District, " the CITY OF REDDING, hereinafter referred to as "City, " and the REDDING SWIM I 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, which is used and maintained jointly by 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 I and conditions be agreed upon in writing for the exclusive use of I 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 I use of the Enterprise Pool during the hours from 7: 00 a.m. to j 9: 00 a.m. daily for the period commencing June 1 , 1986 , and ; terminating December 31 , 1986 , and the period commencing June 1 , 1987 , and terminating December 31 , 1987, for the special use of ; swim meets on dates to be agreed upon by the City' s Director of ' Parks and Recreation and the School District, at such time as the schedule for these meets is coordinated. i . � � � � . � � ' 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 j each use, leave said facility 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 I � District and City will not be liable for any loss of or damage to ' any of Club' s equipment. 4 . No alterations or improvements to said facility shall � be performed by Club without prior written approval of School ' District and City. Water and electricity will be provided to I said facility at no cost to Club, and School District ' s obli- � gations with respect thereto shall be consistent with the agree- ment between School District and City regarding heating and chemicals for the pool dated May 18, 1981 . 5 . This Agreement shall not be assigned by Club without i ' first securing the written approval of School District and City. I 6. Club shall provide its own adult supervision and , lifeguards during all periods of use. ' 7 . School District and City and their respective officers, , ' agents and employees shall be free from all liability and claims � for damages by reason of any injury to person or persons , ; '2- � I . • • ' , . i I � � including members of Club, from any cause or causes whatsoever in I i I any way connected with the use of said facility or any improve- ments constructed therein or thereon, under this Agreement. Club I shall indemnify, defend and hold School District and City, and � their respective officers, agents and employees, harmless from all claims , expenses, demands , causes of action, liability, loss I or injury, regardless of the nature or character, in any manner � whatsoever, on account of or arising out of or related to the use i of said facility, unless such be caused by the sole negligence of I � School District or City. i 8. Club shall furnish to School District and City evidence of public liability insurance for personal injury and property Idamage in such maximum amounts as determined by School District and City. Such insurance shall name School District and City and i their respective officers, agents and employees as additional I , insureds , and shall further contain a provision which obligates � the insurance carrier to notify School District and City in � writing at least thirty (30) days prior to any cancellation or , reduction in coverage of such insurance. � i 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. � � IN WITNESS WHEREOF, the parties hereto have executed this � /// ' -3- � I , , ' . • • , , . I I � Agreement on the day and year set forth below. I i CITY OF REDDING Dated: BY= I LEE D. FULTON, M.D. , Mayor i REDDING CLUB Dated: December 29 , 198 6 BY� '� -'�� ''� �'�---�-��-�� i By. ; �� SHASTA U r� IG SCHOOL DISTRICT i BY• �<� '�� Dated: mt��s �s� BY- ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -4-