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HAMILTON-LOWE AQUATICS CENTER SHORT TERM SWIM LANE LEASE AND GENERAL RELEASE AND HOLD HARMLESS AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND GOLD MEDAL SWIM TEAM (LESSEE) THIS HAMILTON-LOWE AQUATICS CENTER SHORT TERM SWIM LANE LEASE AND GENERAL RELEASE AND HOLD HARMLESS AGREEMENT BETWEEN CITY OF MOSCOW IDAHO AND GOLD MEDAL SWJM. TEAM (LESSEE) (hereinafter 'AGREEMENT') is made and entered into this t/Jl-i/day of AG[/1 , 2013 between City of Moscow, Idaho a municipal corporation of the State of Id o, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Gold Medal Swim Team (hereinafter "LESSEE"). WHEREAS, GOLD MEDAL SWIM TEAM (LESSEE), coached by Tom Jager and Dan Lawson, wishes to lease swim lanes from CITY and CITY's Hamilton-Lowe Aquatics Center on a short-term basis; and WHEREAS, LESSEE wishes to lease six swim lanes from Monday through Friday (7:00 a.m. to 9:00 a.m.) beginning July 1, 2013 and ending August 6, 2013, for five and thirty five one/hundredths dollars ($5.35) per lane per hour; and WHEREAS, the total amount due and owing for such lease of swim lanes totals one thousand seven hundred thirty three and forty one/hundredths dollars ($1,733.40); and WHEREAS, total payment to CITY by LESSEE for such use shall be made on or before Wednesday, August 31, 2013, in the total amount of one thousand seven hundred thirty three and forty one/hundredths dollars ($1,733.40); and WHEREAS, LESSEE wishes to release and hold the CITY harmless from any and all causes of action for negligence and other activities which is not the result of the sole negligence of CITY, in exchange for the ability to lease the lanes space noted herein; NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, hereby agree as follows: LESSEE shall pay to LESSOR on or before August 31, 2013 the total amount of one thousand seven hundred thirty three and forty one/hundredths dollars ($1,733.40) for the short-term lease of six swim lanes from Monday through Friday (7:00 a.m. to 9:00 a.m.) beginning July 1, 2013 and ending August 6, 2013 at the rate of five and thirty five one/hundredths dollars ($5.35) per lane per hour. LESSEE acknowledges that this Hamilton-Lowe Aquatics Center Short Term Swim Lane Lease and General Release and Hold Harmless Agreement between City of Moscow, Idaho and LESSEE is entered into with the knowledge that the activities may be dangerous and/or hazardous to LESSEE and this AGREEMENT is intended to serve as a waiver of all claims that GENERAL RELEASE AND HOLD HARMLESS GOLD MEDAL SWIM TEAM - 2013 PAGE 10F2 ---PAGE BREAK--- may arise out of harm, damage, or injuries suffered during such activities. The undersigned agrees that CITY has informed LESSEE of such risk prior to entry in any and all activities. Specific risks include exposure to the elements, drowning, exposure to chemicals which may include unidentified chemicals and substances which adversely affect respiration systems and which may trigger adverse reactions such as allergies, inflammation, asthma, etc. LESSEE hereby agrees to defend and indemnify, release, hold harmless, acquit and forever discharge CITY and its successors, assigns, agents, servants, employees and insurers of and from all legal and equitable claims, of every kind, action, cause of action, LESSEE and LESSEE's coaches and swimmers hereby release CITY and agree, contract and covenant not to bring suit and agree to defend, hold harmless, and indemnify CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by any and all persons participating in the activities. LESSEE and LESSEE's agents, officers, employees and representatives, if any, expressly agree that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including LESSEE's officers, employees, agents and representatives arising out of, related to, or caused by LESSEE's presence at the activities. IN WITNESS WHEREOF, this General Release and Hold Harmless Agreement between City of Moscow, Idaho and LESSEE is executed this lb-..lk\.. day of -A\7Y1 \ 2013. STATE OF IDAHO ) ) ss. County Of Latah ) ACKNOWLEDGMENT On this t>._r day of f?e-D 2013, before me, a Notary Public in and for said State, appeared Tom Jager, Coach, known to me to be the person named above as "LESSEE" and acknowÃÄR ftrJ. he executed the foregoing document and is duly authorized to do so. WRt 11'' G( boo"' • • . • • . ' ' 2 til' : \ : : : ; \ eG i § , 1 n • , v ·3 0 " . . ' • • • 12 OF \Q , , , . . " GENERAL RELEASE AND HOLD HARMLESS GoLD MEDAL SWIM TEAM - 2013 o ary Public for the Residing My commission PAGE2 OF2