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HomeMy WebLinkAboutTri-City Channel Cats Swim Team - Memorial Pool Use Agreement Tri-City Channel Cats Swim Team Memorial Pool Use Agreement 1. Parties. This Use Agreement is made and entered into this "( day of'4, 'f' I' 2013,by and between the City of Pasco, a municipal corporation (City) and the Tri-• ty Channel Cat Swim Team (Team), an organization dedicated to competitive swimming for local youth. 2. Premises. City hereby grants to Team the right to use the certain real property known as Memorial Pool, located at 14th and Shoshone, Pasco, Washington,under the terms and conditions as herein provided. 3. Term. This Use Agreement shall be in full force and effect for the 2013-2014 Long Course Season unless terminated sooner as provided herein. This Agreement may be renewed for subsequent years upon agreement of the parties. 4. Rent and Other Charges. Rental for the use of the premises shall be $3,800 for 2013 and $7,600 for 2014 payable not later than August 15 each year. Reimbursement for lost revenue due to weekend closure of pool for swim meets will be $600 per weekend. Swim meets are billed, based on 3 days @ 12 hours per day, $1,656 per meet; these fees are included in the rental amount. 5. Schedule. Team shall have priority use for scheduling the pool during the following times: a. Swim Meets: Pool and facilities will be allocated to the Team for up to two (2) weekend swim meets (Friday thru Sunday). These dates must be submitted to Aquatics Manager by January of each year. b. Practice: The week following the Memorial Day Holiday through the 2nd full week of August. Use schedule will be Monday through Friday 5:30 am to 8:00 am and Saturday 8:00 am to 10:30 am. Additional weeks of rental prior to Memorial Day weekend will be an additional fee of $1000.00 per week and must be requested six (6)months in advance. 6. Use of Premises. The premises shall be used by Team for practice and competition and for no other purposes,without prior written consent of the City. 7. Restrictions on Use. In connection with the use of the premises, Team shall: a. Be responsible for keeping team members and coaches within the areas provided and assigned by the City's representative. b. Monitor that all Memorial Pool equipment that is used by the Team be used with care by all participants. It is the responsibility of Team to ensure that equipment is used correctly, cared for during use and properly stored back in its original location following use. c. Ensure proper pool housekeeping and deck/locker room cleanliness at all times in recognition that Memorial Pool is a multi-use facility, and as such, other programs such as public swim are scheduled for times immediately following the scheduled Team practice or use times. If facility is not property cleaned,janitorial fees may be assessed. d. Seek and receive City's approval for any and all signs posted by Team at the premises. e. Team shall be responsible for managing the safety of the Team's members during all practices and events the Team hosts. If lifeguards are needed they may request in advance the scheduling of the City's lifeguards to monitor the pool. The time the City lifeguards work for the Team will be billed directly to the Team. 8. Insurance. Team agrees to procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the Premises. No Limitation. Team maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Team to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. General Liability insurance covering premises, products-completed operations and contractual liability. The City shall be named as an insured on Team's General Liability insurance policy. The General Liability shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Team's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Team's insurance and shall not contribute with it. The Team shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 9. Indemnification/Hold Harmless. Team shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by Team in or about the Premises, except only such injury as shall have been occasioned by the sole negligence of the City. 10. Termination. This Agreement may be terminated under the following conditions: a. Upon 30 days notice by either party to the other. b. Failure of the Team to comply with the conditions of this Agreement may be grounds for termination. Team will be allowed 10 days to correct conditions not in compliance with the Agreement. City may terminate the Agreement immediately if conditions are not corrected within 10 days. 11. Dispute Resolution. a. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. b. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 12. Non-Waiver. Waiver by either party of strict performance with any provision of this Use Agreement shall not be a waiver of or prejudice to the party's right to require strict performance of the same provision or of any other provision in the future. 13. Severability. If any term or provisions of this Use Agreement are invalid or are unenforceable, the remainder of the Agreement shall not be affected and will continue in full force. IN WITNESS WHrEOF,the ppties hgreto have executed or caused this instrument to be executed as of the day off y'� / 2013. CITY OF PA: •i CHANNEL CATS: Gary C v.tchfie . V City . ager Title: Prey f t 6A± Approved as to Form: Leland B. Kerr City Attorney