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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 2Z v;£:I day of ( h , 2016 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, 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 (5:30 a.m. to 6:45 a.m. local time) beginning July 11, 2016 and ending August 19, 2016, for five dollars and sixty cents .60) per lane per hour; and WHEREAS, the total amount due and owing for such lease of swim lanes totals seven hundred fifty-six dollars ($756); and WHEREAS, payment to CITY by LESSEE for such use shall be made on or before Wednesday, September 7, 2016, in the total amount of seven hundred fifty-six dollars ($756); 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 CITY on or before September 7, 2016 the total amount of seven hundred fifty-six dollars ($756) for the short-term lease of six swim lanes M,9nc:J_y, Wednesday, and Friday (5:30 a.m. to 6:45 a.m. local time) beginning July 11, 2016 a._gd'- elJ,ditig Angust 19, 2016 at the rate of five dollars and sixty cents ($5.60) per lane per hour. f 1 LESSEE acknowledges that this Hamilton-Lowe Aquatics Cerir ,SwJii;ii;Jme Lease and General Release and Hold Harmless Agreement between antl,.J:ESSEE ',sl'ñtered into with the knowledge that the activities may be dangerous and/ò ,'izórdoiis·' to LESSpE and this AGREEMENT is intended to serve as a waiver of all claims that¥a11.rise out of b@.im, damage, or injuries suffered during such activities. The undersigned agreeôõ;tp(Gl'VY· bas informed LESSEE of such risk prior to entry in any and all activities. Specific riskS' rnclude exposure to the GENERAL RELEASE AND HOLD HARMLESS MOSCOW CHINOOKS MASTERS SWIMMING - 2016 PAGEIOF2 ·2-0 \ LD -04 ---PAGE BREAK--- 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 indernnify 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 al lhe adivilies. IN WITNESS WHEREOF, this General Release and Hold Harmless Agreement between City of Moscow, Idaho and LESSEE is executed this,.Z?ö day of ? 2016. City of Moscow Moscow Chinooks Masters Swimming ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. County Of Latah ) On this 22J-.. day of AY\i , 2016, before me, a Notary Public in and for said e Buehler, known to me to be the per on named above as "LESSEE" and U11lmr.,.uted the foregoing document and duly authorized to do so. GENERAL RELEASE AND HOLD HARMLESS MOSCOW CHINOOKS MASTERS SWIMMING - 2016 PAGE2 OF 2