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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 MOSCOW CHINOOKS MASTERS SWIMMING (LESSEE) THIS HAMIL TON-LOWE AQUATICS CENTER SHORT TERM SWIM LANE LEASE AND GENERAL RELEASE AND HOLD HARMLESS AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MOSCOW CHINOOKS MASTERS SWIMMING (LESSEE) (hereinafter "AGREEMENT") is made and entered into this t2...J'>"r day of J 2013 between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Moscow Chinooks Masters Swimming, a local non-profit sports association (hereinafter "LESSEE"). WHEREAS, Moscow Chinooks Masters Swimming (LESSEE) 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 Monday, Wednesday, and Friday (5:45 a.m. to 7:00 a.m. local time) beginning July 1, 2013 and ending August 23,2013, for Five Dollars and Thirty Five Cents ($5.35) per lane per hour; and WHEREAS, the total amount due and owing for such lease of swim lanes totals Nine Hundred Sixty Three Dollars ($963); 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 Nine Hundred Sixty Three Dollars ($963); 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 Nine Hundred Sixty Three Dollars ($963) for the short-term lease of Six swim lanes Monday, Wednesday, and Friday (5:45 a.m. to 7:00 a.m. local time) beginning July 1, 2013 and ending August 23, 2013 at the rate of Five Dollars and Thirty Five Cents ($5.35) per lane pe1h. ur . . , y , J l - LESSEE acknowledges that this Hamilton-Lowe Aquatics· Center hort T6n1 Swim Lane Lease and General Release and Hold Harmless Agreement betwåen City ofM?qow,.··daho and LE SEE 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 waiver of'an claims that may arise out of harm, damage, or injuries suffered during such activities.: The undersignæ4 agrees that CITY . . , . . . i · , . · GENERAL RELEASE AND HOLD HARMLESS PAGE I OF2 ---PAGE BREAK--- has informed LESSEE of such risk prior to entry in any and all activities. Specific risks include exposure to the elements, dro.wning, 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 WITNE WHEREOF this General Release and Hold Harmless Agreement between City of Moscow, Idaho and LESSEE is executed this 21 Sr day of I , 2013. Moscbw Chinooks Masters Swimming ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. ) GENERAL RELEASE AND HOLD HARMLESS Notary. Residing My commission PAGE20F2