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CITY <br /> AGREEMENT <br /> THIS AGREEMENT is made and entered into on this day of 'b&2. 361/- by and between the <br /> CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the"City," and Ferenc E. Doner, dba Argonaut Diving, a Washington <br /> corporation, whose address is 919 Olympic Ave, Edmonds, Wa, 98020, hereinafter referred to <br /> as the"Contractor." <br /> WHEREAS, Forest Park Swim Center desires to promote S.C.U.B.A. for the general <br /> public by allowing the Contractor to rent the Forest Park Swim Center to instruct classes; and <br /> WHEREAS, Evergreen Dive Services is in the business of providing S.C.U.B.A. <br /> certifications and equipment sales; <br /> NOW THEREFORE, the City and The Contractor mutually agree as follows: <br /> 1. Rent. The Contractor shall pay the Forest Park Swim Center a rental fee of$65.00 per <br /> hour for facility usage during weekdays and $85.00 per hour for weekends. Facility use is <br /> on an "as available" basis and is primarily limited to 8:45pm-11:15pm on Tuesday, <br /> Thursday and Friday evenings, 6-8:30pm on Saturday and 5-7:30pm on Sunday. <br /> Payment to Forest Park shall be due and payable prior to the start date of a class <br /> session. The City may, at its sole option, increase the rental fee by giving Contractor <br /> thirty days written notice of the increased fee. If the Contractor objects to the increased <br /> fee,the Contractor may terminate this agreement by giving written notice of termination to <br /> the City within thirty days of the Contractor's receipt of the notice of increased fee. <br /> 2. Term. This Agreement shall commence on January 1,2018 and shall terminate on <br /> December 31st 2018, unless terminated sooner as allowed by this Agreement. <br /> 3. Regulations. The Contractor shall comply with all applicable federal, state and city <br /> legislation, rules and/or regulations. The aforementioned include, but are not limited to, <br /> the following: <br /> A. Federal, state, and local health, safety and licensing laws and/or regulations <br /> relating to instruction of S.C.U.B.A., violation of safety regulations may result in <br /> immediate removal from the facility <br /> B. Everett Municipal Code <br /> C. Everett Parks and Recreation Department policies, specifically, the policy relating <br /> to pool agency rentals which shall be attached to this Agreement and incorporated <br /> by reference <br /> 4. Certified Instructors. Argonaut Diving represents and warrants that it will provide <br /> adequate and competent supervisors and instructors who are trained in pool and water <br /> safety and shall only use P.A.D.I. and/or N.A.U.I. certified instructors. <br /> 5. Termination Of Contract. Either side may terminate with or without cause with a 30 day <br /> written notice. <br />