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<br />AGREEMENT FOR LIFEGUARD SERVICES <br /> <br />REEMENT is made and entered into this J, .3 day of <br />, 2002, by and between the CITY OF SUNNY ISLES BEACH ("City") <br />and NEWPORT ERATING MANAGEMENT CORP. D/B/A NEWPORT BEACHSIDE <br />RESORT, its successors and/or assigns ("Newport"). <br /> <br />THIS <br /> <br /> <br />WHEREAS, the City is in need of additional lifeguard servIces at Gilbert Samson <br />Oceanfront Park; and <br /> <br />WHEREAS, the Newport has agreed to provide lifeguard services for the City at Gilbert <br />Samson Oceanfront Park while maintaining lifeguard services at the Pier Park; <br /> <br />NOW, THEREFORE, for and in consideration of the mutual promises contained herein, <br />the parties agree as follows; <br /> <br />1. Incorporation of Recitals. The above recitations are true and correct and incorporated <br />herein. <br /> <br />2. Newport Oblieations. Newport shall be responsible for providing certified lifeguard <br />services at the Gilbert Samson Oceanfront Park. Newport shall provide certified <br />lifeguard services at the Oceanfront Park during following hours: 9:00 a.m. to 5:00 p.m. <br />September through Mav and 9:00 a.m. to 7:00 p.m. during June. July and August. The <br />City shall have the right to adjust the operating hours, as it deems necessary, to best serve <br />the interest of the community, within the agreed upon number of operating hours per day <br />stated in the agreement. Newport shall provide verification of certifications upon <br />commencement of service and shall be responsible for the maintenance of such <br />certifications, during the term of this agreement. Newport shall provide the City, on a <br />monthly basis, with rescue reports performed by the lifeguards at the Oceanfront Park <br />stand, during this agreement. <br /> <br />3. City Oblieations. The City agrees to pay Newport $50,000 annually to cover expenses <br />related to providing lifeguard services at the Oceanfront Park. Payment to Newport shall <br />be made on a monthly installment basis at a monthly rate of $4,166.67 Payment shall be <br />provided to Newport at the end of each month, commencing August 2002. <br /> <br />4. Indemnification. Newport, its officers, members and affiliates agree to indemnify and <br />hold harmless the City, its officers, employees and agents from any and all claims, <br />liability, losses and causes of action which may arise out of the negligent actions of the <br />Newport, its employees, lifeguards, agents and officers, arising out of this agreement. <br />The City of Sunny Isles Beach is not obligated to indemnify Newport, its officers and <br />employees in any manner whatsoever for their own negligent acts. <br /> <br />5. Life2Uard Tower. The City agrees to provide an enclosed equipped lifeguard tower. for <br />use of the Lifeguard at Ocean Front Park. <br /> <br />Page 1 of 3 <br /> <br />SIB <br /> <br />Newport-Sib Lifeguard Services Agreement <br />