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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 THIS 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 (hereinafter "AGREEMENT') is made and entered into this / P day of A s 'l , 2017 between City of Moscow Idaho, a municipal corporation of the State of Idaho, 20 EaSt Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Moscow Chinooks Masters Swimming, a local non-profit sports association (hereinafter "LESSEE"). WHEREAS, (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 eight swim lanes Monday, Wednesday, and Friday (5:30 a.m. to 6:45 a.m. local time) beginning June 2, 2017 and ending September 15, 2017, totaling 45 sessions exclusive of Labor Day; and WHEREAS, the total amount due and owing for such lease of swim lanes totals two thousand, five hundred and twenty dollars ($2,520); and WHEREAS, total payment to CITY by LESSEE for such use shall be made on or before Friday, September 15, 2017, in the total amount stated above; and WHEREAS, LESSEE wishes to release and hold 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 September 15, 2017 the total amount of two thousand, five hundred and twenty dollars = ($2,520) for the short-term lease of ei ht swim lanes Monday, Wednesday, and Friday (5:30 a.m. to 6:45 a.m. local time) begi,qlfi.ng Mgy.3.,L..2017 and • • o lf' ' \ • l J o endmg September 15, 2017 at the rates outlmed above. 1,I • • 'V . ' LESSEE acknowledges that this Hamilton-Lowe Aquatics Center Sliort/Terfu·· Swi91 L rie Lease and General Release and Hold Harmless Agreement between CIT'ltland. LESSEE is entered into with the knowledge that the activities may be dangerous and/or hŀd_0us to LE'SSEE and this AGREEMENT is intended to serve as a waiver of all claims that may 1iflŁ.t1 out of harm, damage, or injuries suffered during such activities. The undersigned agrees tt:b_at.'-łCITY has informed LESSEE of such risk prior to entry in any and all activities. Specific risks inc1ude exposure to the elements, drowning, exposure to chemicals which may include unidentified chemicals and GENERAL RELEASE AND HOLD HARMLESS Moscow CHINOOKS MASTERS SWIMMING - 2014 PAGE 1 OF2 -z,o 1"1 - os ---PAGE BREAK--- sub ·tances which adve1sdy afft::t:l respiration systems and which may trigger adverse reactions such as allergies, 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, t:aust:: 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 hamtless aad 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 WlTNESS WHEREOF, thi. General Release and Hold Harmless Agreement between City of Moscow, Idaho a,nd LESSEE is executed this /7'1ft & C 1-C- ity - os_ c - Moscow Chinooks Masters Swimming ACKNOWLEDGMENT STATE OF IDAHO GENERAL RELEASE AND HOLD HARMLESS Moscow CHINOOKS MASTERS SWIMMING - 2014 Notary Public ti r the State of Idaho Residing My commission expires PAGE20F2