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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 AQUA TICS CENTER SHORT TERM SWIM LANE LEASE AND GENERAL RELEASE AND HOLD HARMLESS AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND GOLD MEDAL SWIM TEAM (LESSEE ) (hereinafter "AGREEMENT") is made and entered into this 2# day of , 2012 between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 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 (7:00a.m. to 9:00a.m. ) beginning July 2, 2012 and ending July 31, 2012, for five dollars per lane per hour; and WHEREAS, the total amount due and owing for such lease of swim lanes totals six hundred thirty dollars ($630); 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 six hundred thirty dollars ($630); 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 six hundred thirty dollars ($630) for the short-term lease of six swim lanes from Monday through Friday (7:00a.m. to 9:00a.m. ) beginning July 2, 2012 and ending July 31, 2012 at the rate offive dollars 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 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 GENERAL RELEASE AND HOLD HARMLESS PAGE I OF2 ---PAGE BREAK--- 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 'ffi.B day of .::rl.t , 20 l ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. County Of Latah ) On this af3> day of & , 2012= 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 acknowledged that he executed the foregoing document and is duly authorized to do so. \\\\IIIIJ,11 LEWt. 11/ • • • S < Notary Public for the tate ofldaho % Residing at f\J\oSC = 't\0 SMY commissi'