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CCR1996105AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #105-96 APPROVAL OF CITY OF MUSKEGO/FOUNTAINWOOD POOL FACILITY AGREEMENT WHEREAS, the City of Muskego Parks and Recreation Department desires to use the Fountainwood Pool as an alternate facility for summer swim lessons; and WHEREAS, the Parks and Recreation Board and the Finance Committee has recommended approval of the attached Facility Agreement between the City of Muskego and Mr. Dale Schrank; and WHEREAS, the usage fee, not to exceed $500, is to be paid from Account #100.7200.6100. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the City of Muskego/Fountainwood Pool Facility Agreement, as amended, subject to approval of the City Attorney. e DATED THIS 14th DAY OF MAY , 1996. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic R. D'Acquisto Ald. David J. Sanders Ald. Mark Suhr This is to certify that this is a true and accurate copy of City of Muskego. Resolution #105-96 which was adopted by the Common Council of the 5/96 jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #105-96 APPROVAL OF CITY OF FACILITY AGREEMENT WHEREAS, the City of Muskego Parks and Department desires to use the Fountainwood Pool as facility summer swim lessons; and for WHEREAS, the Parks and Recre d the Finance Committee has recommended approval of acility Agreement between the City of Muskego chrank; and WHEREAS, the usage fee, not , is to be paid from Account #100.7200.6100. NOW, THEREFORE, BE IT RESOLV on Council of the City of Muskego, upon the re the Parks and approve the City of Muskego/ 1 Facility Agreement Recreation Board and the Fin does hereby subject to approval of the C DATED THIS DAY OF , 1996. / SPONSORED BY: FINANCE COMMITTEE Ald. Domonic R. D'Acquisto Ald. David J. Sanders Ald. Mark Suhr This is to certif,d that this is a true and accurate copy of City of Muskego! Resolution #105-96 which was adopted by the Common Council of the I 5/96 jmb I Clerk-Treasurer CITY OF MUSKEGO/FOUNTAINWOOD POOL FACILITY AGREEMENT SECTION ONE: INTRODUCTION PURPOSE A. B. It is the intention of the City of Muskego and the Parks and Recreation Board to coordinate, and collaborate among agencies and institutions in order to deliver educational, social, economic, recreational, and cultural services to all members of the community. This agreement identifies specific and non-specific Fountainwood Pool by the City's Parks and facility policies and procedures for use of the Recreation Department These policies and procedures include priority levels for facility usage, 'facility responsibility guidelines, maintenance and usage fees and charges, and a general description for facility usage request procedures. SECTION TWO: FOUNTAINWOOD POOL I. 11. 111. DESCRIPTION The property covered by this agreement is that property known as the FOUNTAINWOOD POOL, W133 S6501 Fennimore Lane, Muskego, WI 53150 PURPOSE This pool will be used by the City of Muskego Parks and Recreation Department for the purpose of enabling the City to provide instructional swim lessons for the general public limiting the use of the property beginning on June 10, 1996 and ending August 9, 1996. REPAIRS AND MAINTENANCE Fountainwood Pool management shall be responsible for provide adequate containers for litter and trash and the safety equipment and pool maintenance and shall premises and shall maintain the premises in a clean other necessary containers to prevent littering on the condition during the specified period of this agreement in the Section entitled "Purpose." Repairs and maintenance of any improvements and of the grounds itself shall be the sole responsibility of Fountainwood Pool management. i, General Facility Agreement 2 IV. SUPERVISION The City through its Parks and Recreation Board or authorized users shall provide and be responsible for adequate supervision of the area at all times that it shall be used as a recreational area. The City through its Parks and Recreation Board may prescribe such rules and regulations for the use and management of the area as it may deem reasonable provided only that all persons are registered with the Muskego Parks and Recreation Department shall be eligible to use the facilities and participate in any planned programs subject only to reasonable rules and regulations with respect thereto. V. RESPONSIBILITY It is understood between the parties that this agreement may be assigned by the City to its Parks and Recreation Board for the purposes of allowing the Parks and Recreation Board of the City to utilize the property pursuant to the terms of this agreement. VI. FEES AND CHARGES The Parks and Recreation Department of the City of Muskego will reserve use of the Fountainwood Pool from 9:30 a.m.to 12:30 p.m., Mondays through Friday, and Saturdays if needed, for the period June 10, 1996 to August 9, 1996. The City of Muskego will pay a usage expenses (electricity, chemical maintenance, and water fee not to exceed $500.00 to cover miscellaneous usage) incurred during the usage dates outlined. VII. FOUNTAINWOOD POOL USAGE A. All keys are the property of Fountainwood Pool. 8. The Parks and Recreation Department will be responsible for any expenses resulting from the loss of the key as the Fountainwood Pool feels necessary, such as lock changes, etc. C. If required, the Parks and Recreation Department will assume responsibility for the securing of the pool and turning off the lights. Theft, vandalism, etc. which occurs due to the lack of properly securing the facility at the completion of the event will be the responsibility of the Parks & Recreation Department. Restitution as determined by the Fountainwood Pool will be the responsibility of the Parks & Recreation Department. 0 VIII. GENERAL RULES AND REGULATIONS A. The inherent danger of operating a swimming pool makes it necessary to strictly enforce a stringent .. General Facility Agreement 3 safety code to prevent potentially dangerous situations from occurring. All swimming programs will be conducted to the highest possible standards of safety within an aquatic environment. This includes the provision of supervisory Parks and Recreation Department personnel certified in aquatic safety. Pool time specifically designated through the Recreation Department shall be authorized by the Recreation Director through the Recreation Supervisor. IX. RULES AND GUIDELINES FOR POOL USAGE A. The Recreation Supervisor will outline procedures and assign proper supervisory personnel to insure safe teaching. 1. 2. 3. The Recreation Department will provide a supervisor and sufficient certified lifeguards to insure proper and safe conduct of all patrons and participants. The Recreation Supervisor shall determine the number of lifeguards necessary. Locker rooms, lockers and showers are must be provided by the users. The Muskego available. Locks for the lockers, if desired, Parks and Recreation Department and the Fountainwood Pool are not responsible for any stolen or damaged items. Locker room cleanliness shall be maintained by the Parks and Recreation Department supervisory staff. The user shall be restricted to the area designated in the agreement. B. Grounds must be left as they were found. Any damage costs will be charged to those responsible for the area. Clean up fees for any litter or disorder beyond the ordinary use will be charged to those responsible for the area. C. CANCELLATION: discontinue the recreation activities at the sites, this In the event the City of Muskego should decide to agreement shall be automatically cancelled. D. INSURANCE : The City of Muskego and Fountainwood Pool shall maintain sufficient insurance to protect both the City of Muskego and the Fountainwood Pool from all claims for personal of insurance shall be maintained on file with both injury or death, and $50,000 property damage. Certificates organizations. Ma yor City Of Muekego city of Muskago city clerk