58-86 Share expense of claims from Rec Dept

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AGREEMENT THIS AGREEMENT entered into this day of , 1986, by and between the City of Lakewood (hereinafter '~eferred to as the "City") and the Board of Education of the Lakewood City School District (hereinafter referred to as the "Board"). WITNESSETH THAT: WHEREAS, the Board conducts the general recreation program throughout the City and the Board has heretofore entered into agreements With the City for the joint operation of recreational facilities, including, but not limited to, agreements to operate the outdoor swimming pool at Lakewood Park; to oper- ate the tennis courts owned by the City; to operate the Winterhurst-Lakewood Municipal Ice Pink; to operate refreshment stands located in Lakewood Park and Madison Park; to operate the Harrison Neighborhood Facility; and to conduct various recreational programs, such as adult softball, on municipally-owned property (hereinafter collectively referred to as the "Prior Agreements"); and WHEREAS, the insurance carrier of the Board has decided not to renew the comprehensive liability insurance policy of the Board which insured it and its employees against suits, causes of action, claims and damages which may arise out of the operation by the Board of such recreational programs on City- owned property pursuant to such Prior Agreements (hereinafter referred to as the "Recreational Programs"); and WHEREAS, it is in the best interests of the health and welfare of the citizens of this community to continue the Recreational Programs; and WHEREAS, the City and the Board wish to meet those interests by pro- viding for the sharing of expenses relating to the administration and defense of any suits, causes of action, claims and damages arising out of or connected with the Recreational Programs (hereinafter referred to as the "Claims") and, within the liuLitS set forth below, for a division of the costs of any settle- ments or payments of Claims or any final Judgments rendered on account of Claims; and WHEREAS, pursuant to Section 755.16 of the Revised Code of the State of Ohio the parties hereto desire to enter into this Agreement which shall serve as an amendment to all Prior Agreements; NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties hereto as herein contained, and other valuable con- siderations, the receipt of which are hereby acknowledged by each party, the .parties hereby agree as follows: 1. The City, acting through its Mayor, and the Board, acting through its Superintendent, shall mutually agree, at the time when any Claims (as hereinabove defined) arise, to retain the services of any Claim adjusters, claim representatives, claim administrators, attorneys, including, but not limited to, the City's Legal Department, or other persons (herein referred to as "Claim Administrators") to administer, handle, settle or defend, as