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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 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) (hereinafter "AGREEMENT") is made and entered into this .2..8 day of ..Ja , 2012 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.) beginning July 2, 2012 and ending August 17, 2012, for five dollars per lane per hour; and WHEREAS, the total amount due and owing for such lease of swim lanes totals seven hundred eighty seven and fifty one/hundredths dollars ($787.50); and WHEREAS, total payment to CITY by LESSEE for such use shall be made on or before Wednesday, August 31, 2012, in the total amount of seven hundred eighty seven and fifty one/hundredths dollars ($787.50); 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, 2012 the total amount of seven hundred eighty seven and fifty one/hundredths dollars ($787.50) for the short-term lease of six swim lanes Monday, Wednesday, and Friday (5:45 a.m. to 7:00 a.m.) beginning July 2, 2012 and ending August 17, 2012 at the rate of five dollars per lane per hour. . . • - - • , , • LESSEE acknowledges that this Hamilton-Lowe Aquatics Cent°r·Short.Telpi.,.))wim Lane Lease and General Release and Hold Harmless Agreement between Ciiy'(>f M.±s,c6²;'Id¥,lo and LESSEE is entered into with the knowledge that the activities ³ay :be ´n.$eiotis :and/.Qr hazardous to LESSEE and this AGµ¶E_MENT is inten·ed to serve j wai.ve0o: .¹º»¼l.ai!ps t¾?t may arise out of harm, damage, or mJunes suffered dunng such activities½.Tlilunaer8Igned agrees that CITY GENERAL RELEASE AND HOLD HARMLESS ' • 0 • • < • 't . f , : I Ë J • PAGE 1 OF 2 2.0\2.·q0 ---PAGE BREAK--- ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE {MMIDDIYYYY) S 06/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-[PHONE REDACTED] Risk Managelnent Services, Inc. P.O. Box 32712 CONTACT NAME: I rgNo nYtl· E-MAIL ADDRESS: [EMAIL REDACTED]\ '()27*::_9138 - - Phoenix, AZ 85064-2712 ID - - - - - - - - - - - - - · - - - - INSURERISl AFFORDING COVERAGE - - - - _ NAIC# _ INSURED INSURER A: NATIONAL CASUALTY COMPANY 11991 HYDROPOWER MASTERS SWIM CLUB INSURER B: FEDERAL INSURANCE COMPANY 20281 United States Masters Swill\ll\ing eta1 Incl. LMSC's c_ PAIGE BUEHLER INSURERC: 814 MABELLE STREET INSURER D: MOSCOW, ID 83843 - - INSURER E: - - - - INSURER F: COVERAGES CERTIFICATE NUMBER· 27888363 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR LTR TYPE OF INSURANCE - - - - mn;o POLICY NUMBER rbZ!-Jl cbd}-efivghi A I GENERAL LIABILITY ! X X IKK00000002280800 I 01/01/1 01/01/13 - - · EACH OCCURRENCE - LIMITS 's 1, 000,000 tf COMMERCIAL GENET.!:_U IABILITY ! o7\t\olA<3no-REN'fEt! : s 300, ooo ___I'R_EMLSÈS_(!;a_p<;;:urren.É.ÊJ ; CLAIMS-MADE 0 OCCUR I A B . x Participant Legal X Liability Included l GEN'l AGGREGATE LIMIT APPLIES PER il POLICY n kW.-i- n LOC AUTOMOBILE LIABILITY ANY AUTO All OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS I UMBRELLA LIAB f X , I EXCESS LIAB CLAIMS-MADE I DEDUCTIBLE RETENTION $ I WORKERS COMPENSATION , AND EMPLOYERS' LIABILITY Y I N X : ANY PROPRIETOR/PARTNER/EXECUTIVE D ! OFFICER/MEMBER EXCLUDED? N I A i (Mandatory in NH) : If Xes. describe under 1 i D SCRIPTION OF OPERATIONS below ADI_n)]`s-a - - - - - - i BODILY INJURY (Per acc^ent) _ _ - - - PROPERTY DAMAGE I I {Per aCCident) S s EACH OCCURRENCE AGGREGATE I TVg,J[J,W;, 1 E.L. EACH ACCIDENT -i-s I s 9, ooo, ooo --rs 9,ooo,ooo s I s 10J6l- s E.L. DISEASE· EA EMPLOYEE s E.L. DISEASE • POLICY LIMIT s MAXIMUM 5,000 MAXIMUM 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required) Verification of General/Excess Liability for INSURED ACTIVITIES per attached. The Certificate Holder is included as Additional Insured but only as respects to the Nalned Insured's operations per the attached ADDITIONAL INSURED ENDORESEMENT EFFECTIVE CERTIFICATE ISSUE DATE. *30 DAY CANCELLATION PER POLICY PROVISIONS* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moscow Parks 1< Rec Dept Eric Newell 1515 East D. Street Moscow, ID 83843 : 35-001 ACORD 25 (2009/09) 2.7888363 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- ATTACHMENT TO U.S. MASTERS SWIMMING, INC. CERTIFICATE COVERAGE HIGHLIGHTS ADDITIONAL NAMED INSUREDS: I. United States Masters Swimming, Inc. Member Clubs for Insured Activities. 2. Any Member of United Stales Masters Swimming, Inc., or volunteer, while acting on behalf of and with the approval of the Board ofDirectors of United States Masters Swimming, Inc. DEFINITIONS: I. United States Masters Swimming, Inc. Member Clubs are clubs that are members in good standing with United States Masters Swimming, Inc. and whose athletes and coaches arc members of United States Masters Swimming, Inc. 2. Sanction as defined by United States Masters Swimming, Inc. Rules and Regulations. 3. Recognized Events as defined by United States Masters Swimming, Inc. Rules and Regulations. INSURED ACTIVITIES: A. Swimming events where a United States Masters Swimming, Inc. Sanction has been issued. B. United States Masters Swimming, Inc. "Recognized Events" as defined in USMS Rules & Regulations C. Swimming practices under direct supervision of a United States Masters Swimming, Inc. Member or a United States Swimming, Inc. Member Coach. USMS Member Coach USA Coach No Coach or Non-USMS Member coach USMS Members workout • USMS Swimmer . USMS SWimmer No Coverage Covered Covered . USMS Coo.ch COJered • USA Coo.ch COJered USA SWimming Member in . USA Swimmer NOT . USA SWimmer COJered USMS wcrkout C overed USA Coo.ch COJered • No Coverage . No prctectioo fer USMS . USMS SWimmers Coach if USA Swimmer Covered is injured • USMS Swimmers Covered USMS Member in USA Not applicable. USMS . USMS SWimmer Can't exist by definitioo of Swimming wcrkout Coach can't preside oter Covered USA workout. USA SWimming workout. • USA Coo.ch Cotered USMS Members and Non- USMS Members workout (i.e. un-registered No Coterage No Coverage No Coverage swimmers swimmers net in 30-day trial perioo) D. Swimming tryouts under active supervision of a United States Master Swimming, Inc. Member or United States Swimming, Inc. Member Coach for a period of no more than thirty (30) consecutive calendar days in a 12-month period, for any individual. E. Leam to swim program where all athletes are members of United States Masters Swimming, Inc. and supervised by a United States Masters Swimming, [nc. Member or United States Swimming, Inc. Member Coach. F. United States Masters Swimming, Inc. contracted Swim-A-Thons. G. United States Masters Swimming, Inc. pre-approved social events. H. United States Masters Swimming, Inc. pre-approved fund raising activities. ---PAGE BREAK--- ATTACHMENT TO U.S. MASTERS SWIMMING, INC. CERTIFICATE POLICY NUMBER: KK00000002280800 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSUREDS- BLANKET MANAGERS OR LESSORS OF PREMISES POLICY AMENDMENT COMMERCIAL GENERAL LIABILITY Name of Person or Organization (Additional Insured): Any person or organization leasing premises to you and declared as an Additional Insured - Managers or Lessor of Premises as evidenced by a certificate of insurance issued for you by us or on our behalf. Who is an Additional Insured? (Section IT) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of the ownership. maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: I. Any occurrence which takes place after you cease to be a tenant in that premises; 2. Structural alterations. new construction or demolition operations performed by or on behalf of the person or organization shown on the certificate. Effective Date: The effective date of this endorsement shall be the issue date of the certificate to which it is attached.