HomeMy WebLinkAboutReso. 1986 - 283 - Approving agreement between the city of redding and the shasta aquatic swim club 111
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY SOF REDDING
APPROVING AGREEMENT BETWEEN THE CITY OF REDDING AND THE
SHASTA AQUATIC SWIM CLUB FOR USE OF THE LAKE REDDING PLUNGE
IN THE CLAUDE H. CALDWELL MEMORIAL PARK, 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 and the Shasta
Aquatic Swim Club for use of the Lake Redding Plunge in the
Claude H. Caldwell Memorial Park, 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 io impress
the official seal of the City of Redding on the aforesaid docu-
ments, 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 20th day of October , 1986 , and
was duly adopted at said meeting by the following vote: ,
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AYES: COUNCIL MEMBERS: Carter, Johannessen, & Fulton
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl & Gard
ABSTAIN: COUNCIL MEMBERS: None
LEE D. FULTON, M.D. , Mayor
City of Redding
ATTESTr:fettn4.12A6FOR PPROVED:
ETH A. NICHOLS, City Clerk RA DALL A. HAYS, City Attorney
by Connie Strohmayer, Deputy
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AGREEMENT
THIS AGREEMENT made and entered into as of the 18th day of
June , 1986, by and between the CITY OF REDDING, hereinafter
referred to as "City, " and the SHASTA AQUATIC SWIM CLUB, a
non-profit organization, hereinafter referred to as "Club" :
WITNESSET H:
WHEREAS, City is the owner of the Lake Redding Plunge in the
Claude H. Caldwell Memorial Park; and
WHEREAS, it is deemed to be in the best interests of 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 . City hereby permits Club the regular use of the Lake
Redding Plunge during the hours from 5: 00 p.m. to 7 : 00 p.m. ,
Monday through Friday, for a period commencing June 18 , 1986, and
terminating September 1 , 1986 , for the special use of practicing
for swim meets.
2 . Club shall use said facility as and for swimming only,
and for no other purpose.
3 . Club accepts the Lake 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,
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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
and maintenance of its own equipment, and City shall 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 the prior written approval of City.
Water, electricity, heating and chemicals will be provided to
said facility at no cost to Club.
5. This Agreement shall not be assigned by Club without
first securing the written approval of City.
6. Club shall provide its own adult supervision and
lifeguards during all periods of use.
7. City, its officers, agents and employees , shall be free
from all liability and claims for damages by reason of any injury
to person or persons, including members of Club, from any cause
or causes whatsoever in any way connected with the use of said
facility or any improvements constructed therein or thereon under
this Agreement. Club shall indemnify, defend and hold City, its
officers, agents and employees, harmless from all claims,
expenses , demands, causes of action, liability, loss or injury,
regardless of the nature or character, in any manner whatsoever,
on account of or arising out of or related to the use of said
facility, unless such be caused by the sole negligence of City.
8 . Club shall furnish to City evidence of public liability
insurance. for personal injury and property damage in such maximum
amounts as determined by the City Attorney of City. Such
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insurance shall name City, its officers , agents and employees, as
additional insureds , and shall further contain a provision which
obligates the insurance carrier to notify City in writing at
least thirty (30) days prior to any cancellation or reduction in
coverage of such insurance.
9. Either City or Club shall have the right to terminate
this Agreement upon ten (10) days ' written notice to the other
party.
10. It has been determined that this matter is
categorically exempt from the provisions of CEQA.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
DATED: CITY OF REDDING
By:
LEE D. FULTON, M.D. , Mayor
DATED: /o- V-SG SHASTA AQUATIC SWIM CLUB
By:
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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