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Home My Public Portal About2011.05.27 McCall Parasail Inc Termination of AgreementUSE AGREEMENT THIS USE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 27 day of May, 2011, by and between the City of McCall, hereinafter referred to as "City", and Mac Mackaben Box 6, Teton Village, Wyoming 83205, dba McCall Parasailing, hereinafter referred to as "Licensee". WHEREAS, the City of McCall is the owner of the boat pump out dock on Payette Lake located in McCall, Idaho. WHEREAS, on May 27, 2011 the McCall City Council approved limited use of the west boat pump out dock, from May 27, 2011 to September 5, 2011, subject to the terms of this agreement. NOW, THEREFORE, City and Licensee, agree as follows: 1. The term of this Use Agreement shall be from May 27 2011 to September 5, 2011. 2. Licensee agrees to follow the terms set out in Valley County Sheriff Department letter dated May 20, 2011 attached as Exhibit A and to comply with all applicable laws, including the McCall City Code, and agrees that its use of the pump out dock is nonexclusive and shall not interfere with any other public use. 3. Licensee shall maintain regular hours of operation which shall not begin earlier than 9:00 a.m. and shall end not later than 8:00 p.m. each day, Sunday through Saturday. 4. All instruction and safety awareness must be completed at Licensee's regular place of business not on City Docks. 5. No overnight moorage or storage of equipment is permitted at any City dock. Customers will be encouraged to park at the public parking lots in the downtown area. 6. All major repair work will be completed off city property. 7. Public has primary use of the boat launch ramp, docks and beaches. 8. No form of advertising will take place in any City Park. 9. All clothing worn by employees must clearly identify the individuals as employees of Licensee. 10. Licensee shall immediately provide the City of McCall a Certificate of Liability Insurance (ACORD Form 27) with the City added as an additional insured in an amount not less than $1,000,000 per occurrence, and also agrees to indemnify and hold the City Page 1 of 3 USE AGREEMENT — PARASAIL May 27, 2011 harmless from any and all claims arising out of Licensee's use of the City facilities and designated dock area. Licensee shall not use the designated dock until the Certificate of Liability Insurance described herein has been provided to the City of McCall. 11. Nothing contained in this Agreement shall create any relationship between Licensee and the City as partners, joint venture, principal and agent, or employee and employer. This relationship is solely that of an independent user with permission for the non-exclusive use of the pump out dock. 12. Either party may terminate this Agreement upon 30 days written notice. 13. In the event Licensee breaches this agreement, City shall provide Licensee with written notice of the default, either delivered to Licensee at its registered office or mailed by regular first class mail to Licensee's address set forth above. In the event the default, in the sole discretion of City, constitutes a threat to the health, safety or welfare of City, its citizens, or Payette Lake, City may demand that Licensee immediately cease operations at all city facilities, which operations will not be allowed to resume unless, and until, the default is cured. For defaults not involving a threat to the health, safety, or welfare of City, its citizens, or Payette Lake, such default must be cured not later than five (5) days after personal delivery or mailing of the written notice. Failure to cure a default, or repeated defaults, of whatever nature, shall be grounds for termination of permission to use City property. 14. The fee for the Concession Agreement from June 10, 2011 through September 5, 2011 shall be $400, paid every two weeks, in advance, with the first payment due no later than June 10, 2011. This fee does not include any overnight moorage privileges. 15. This Agreement authorizes Licensee to conduct commercial activities as described in Exhibit B, from the pump out dock. 16. The City reserves the right to relocate the licensee to another location within City -owned waterfront areas during the term of this agreement. Signatures on the following page Page 2 of 3 USE AGREEMENT — PARASAIL May 27, 2011 CITY OF MCCALL _ MCCALL PARASAIL Donald C. Bailey, .�`� Maw -menu el �4 ATTEST: BessieJo //agner, 45. ' a ��0 STATE OF IDAHO ) ) ss. County of Valley, ) tuL Mac Ma abenkOperator of McCall Parasail On this day of , J [.cry , 2011, before meh i.V-1-414- , personally appeared Donald C. Bailey and BessieJo Wagner, known or identified to me to be the Mayor and' City Clerk of the City of McCall, that executed the said instrument, and acknowledged to nplit vuti of McCall executed the same. ,,.• 0 N...•:v0 • 0 140TAR Y��,'s. _ 0018 411111, = Ntary Public for Idao (SEAL) J � UBLtC n • My Commission Expires on •••.• I .,,;qp� . OF oci STATE OF IDAHO ) ) ss. County of Valley ) ,c1.1.1 • 67 On this day of 3—,aAASZ. ,2011, before me jjessicc_. %�( it v if-, personally appeared before me Mac Mckaben, McCall Parasail, known or iderAified to me to be the person whose name is subscribed to the within instrument and acknowledged to me thathe executed the same. ��u iuuol, ,ssIEJO /4// i `�. 9) ... ....tie:, , �,o rq 9A� (SEAL) = s �' _ My Commission Expires on �tf9 4 •�. ffe • Gp,A. Page 3 of 3 USE AGREEME��, ZATA i�1 0. May 27, 2011 .#.`- 0� �51:1.6011iti0��``�� Notary Publir Idaho EXHIBIT VALLEY COUNTY SHERIFF'S OFFICE 107 W. SPRING STREET P.O. BOX 1350 CASCADE, ID 83611 TO: Mac McCavin FROM: Sgt. J. Speer, VCSO SUBJ: Parasailing on Payette Lake DATE: 5/20/1' Mac, TELEPHONE (208) 382-7150 FAX (208) 382-7170 DISPATCH FAX (208) 382-7171 Per our conversation I have prepared a list of items that you must comply/obey while operating your parasailing company on Payette Lake in McCall. First let me state that I am impressed with your attention to safety and look forward to having a positive working relationship with you and your employee's this boating season. I want to inform you that Sheriff Bolen takes safety very seriously and thus has charged her Marine Division with ensuring all vessels comply with the Boating Safety Act. As far as your company: Your vessel will be equipped with two B II fire extinguishers. You will be required to have (2) Type IV (4) Throwable Flotation Devices, along with one wearable Coast Guard Approved PFD for every person aboard your vessels. The customers who are put on the parachute will have a Coast Guard Approved PFD on for the duration of the ride in the airspace above the vessel. Your vessel will not tow persons at sail through the area of the lake known as "The Narrows". This area is a well marked channel and is marked with USCG Approved Cans and Nuns. Your vessel will not tow persons within 500 feet of the marina or. boat launch facilities to ensure there are no congestion problems. We also feel this will lessen the chance of a violation of navigation rules by other boaters thus increasing your safety. We also wish to remind you that Payette Lake is an area that is prone to high winds and sudden storms. There are also overhead power wires and underwater hazards in the lake. Just because there are some markers out does not mean that all hazards have been marked. PATTI BOLEN SHERIFF JOHN E. COOMBS CHIEF DEPUTY EXHIBIT A We encourage you to purchase USGS charts of the area and note depths of the lake. You will also be required to comply with Idaho Code regarding the time limitations of towing persons. Please feel free to contact me if you have any questions about this letter or the information contained therein. I would caution you of Valley County Ordinance 08-01. This document applies to Big Payette Lake which you will be operating on. You can view this document at http://www.co.valley.id.us/commissionershneetings.html Lastly, your vessels must undergo a safety inspection prior to taking any passengers for hire. If you fail to do this your permit will be voided and you will not be able to conduct operations on any body of water in Valley County. Your vessels will also submit to an inspection at anytime it is requested by a Sheriff's Office member. The equipment listed above is designed to augment the required safety equipment required by the State of Idaho and the USCG. With that said you must also be in compliance with those directives as well. Thanks for your attention to this matter, Jason R. Speer, Sgt Recreation Safety Valley County Sheriff's Office EXHIBIT B BessieJo Wagner From: Dennis Coyle Sent: Tuesday, May 24, 2011 1:32 PM To: BessieJo Wagner Subject: FW: 2011 McCall Parasail Proposal / Business overveiw From: Nate Mackaben fmailto:nathaniustin(avahoo.coml Sent: Friday, May 20, 2011 8:59 AM To: Dennis Coyle Subject: 2011 McCall Parasail Proposal / Business overveiw At McCall Parasail either Go by yourself or bring a friend or go tandem! No experience necessary for this activity. Hours: we parasail every hour from 9:00a.m to 8:00p.m(weather permitting). Ok so how does it work? We harness you into the parachute, which basically feels like you are sitting on a swing. We operate a hydraulic winch system, which means flyers take off and land directly from the back of the boat. Flyers are winched out into the air from the deck, and then winched back in after eight minutes of flight. Flyers can be dipped in the water if they would like. However, no needs to wear a bathing suit, as you do not get wet if you don't want too. Others waiting to fly will ride along in the boat and wait their turn to parasail. Length of ride: Each flyer is in the air for eight minutes and usually out on the lake for up to an hour, depending on the number of flyers in that given boat. We are allowed to take up to 6 flyers out on the boat at the same time: a rule which we strictly enforce. Price -per -flyer: $65 per solo ride, $90 per tandem ride. Souvenirs: we will take photographs of you parasailing, which can be purchased upon your return to the dock. We also have our signature t-shirts, tank -tops, and sweatshirts available for purchase Restrictions: the weight of the flyer. Combine tandem flyers 2501bs to 3501bs. Single flyer 1251bs to 2501bs. 1 EXHIBIT B These same limits also apply to the single flyers and depend/vary directly with the weather. Payment options: we accept cash, VISA, MasterCard, and Travelers checks. 2 CERTIFICATE OF INSURANCE DATE (MM/DDNY) 06/09/2011 PRODUCER AND THE NAMED INSURED Worldwide Outfitters and Guides Association, Inc. Inc., A Risk Retention Purchasing Group qualified under the Risk Retention Act of 1986; Federal Law PBox 469 P.O. P.O. Sandy, UT 84091-0469 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE POLICIES BELOW. 800-321-1493 INSURERS AFFORDING COVERAGE INSURED McCall Parasail,Inc 1329 Grayston INSURER A: NOTICE: Coverage is being provided as part of a Master Group INSURER B: Policy issued to members of the Worldwide Outfitters and Guides INSURER C: Association, Inc. , a Risk Retention 'Purchasing Group' authorized under the Risk INSURER D: Retention Act of 1986: Federal Law 97-45. !NSA WM? F. McCall , ID 83638 "LIMITS SHOWN ARE THOSE IN Certain Underwriters at Lloyds, London COVERAGES EFFECT AS OF POLICY INCEPTION" The policies of insurance listed below have been issued to the insured named above for the policy indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS 0 Commercial Liability LAP0302-11060022 6/6/2011 6/6/2012 $100,000 Per Accident $1,000,000 Policy Aggregate 0 Claims Made ■ n Excuding Products and Complet Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos O.T.R.P.D. Garage Coverage G.K.L.L. Drive Away D.O.C. Cargo On Hook Contractual Liability Wrongful Repossession Excess Liability 11 Claims Made LIMITATION OF COVERAGE FOR ADDITIONAL. INSURED Liability Coverage is only provided to the Additional Insured with respect to Accidents otherwise covered under the Policy/Coverage Contract where the Insured is found directly liable and not where the Additional Insured is found independently negligent of the Insured. DESCRIPTION OF OPERATION/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations on the Participant Member Declaration Certificate or as may be separately endorsed. Guided Watersport Activities parasailing and wakeboarding, Parasail Boat. U I CERTIFICATE HOLDER U ADDITIONAL INSURE LJ LOSS PAYEE City of McCall 216 East Park Street McCall ; ID 83638 Bessie Jo Wagner LA. WOGA-F-004030CT2005� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OF THE'PUR- • HA NG GROUP' ADDITIONAL NAMED INSURED ENDORSEMENT FOR STATE OR POLITICAL SUBDIVISIONS AND U.S. GOVERNMENT AGENCIES RCL-99-13 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The "Who is a Participating Member?" provision of this Coverage Contract shall include as an additional Named Insured under the Coverage Contract issued, any state, political subdivision, or U.S. government agency so designated in the schedule below ("Additional Named Insured"), subject to the following additional provisions: 1. Coverage applies only to operations performed by or on behalf of the Participating Member for which an Additional Named Insured has issued a permit to the Participating Member, and only with respect to liability arising from the operations of the Participating Member shown .on the Participating Member's Declarations Page. 2. No coverage exists for Bodily Injury or Property Damage arising out of operations for which a permit was not issued by an Additional Named Insured. 3. Liability coverage is provided to, and the Insurer has the duty to defend, any Additional Named Insured listed below only with respect to injury, loss, or damage associated with the Participating Member's use and occupancy of State or Federal lands covered by this Coverage Contract. 4. If the Participating Member fails to conduct special permit activities in full compliance with the special representations that are a part of this Coverage Contract, then the Coverage Contract shall nevertheless apply; however, special use permit activities that are not conducted in full compliance with the special representations are subject to an automatic and immediate $5,000 increase of the Participating Member's Self -Insured Retention. 5. No Endorsements issued after the initial Coverage Contract shall" be added to the Coverage Contract without the approval of the Additional Named Insured. 6. The Participating Member may use a paiticiparit agreement form approved by the Additional Named Insured. This participating agreement provision supersedes any contrary provision contained in the Policy or any other Endorsement. 7. Should this Coverage Contract be cancelled before the end of its stated term, the Insurer shall give any Additional Named Insured 30 days prior written notice of such cancellation. If notice to any Additional Named Insured is not provided for any reason, the Participating Member's Coverage Contract will cancel; however, coverage will be provided to any Additional Named Insured through the, stated term or until proper notice is delivered. Master Coverage Contract # LAP0302 Certificate # 11060022 Participating Member: McCall Parasail,lnc Effective Date: 6/9/2011 Date Issued: 6/9/2011 Additional .Named Insured - Designation of State, Political Subdivision, or U.S. Government Agency: City of McCall Attention: Bessie Jo Wagner 216 East Park Street McCall, ID'83638 Endorsement # 2 RCL-99-13 21APR2004 Page 1 of 1 CERTIFICATE OF INSURANCE DATE (MM/DD/YY)06/09/2011 PRODUCER AND THE NAMED INSURED Worldwide Outfitters and Guides Association, Inc. Inc., A Risk Retention Purchasing Group qualified under the Risk Retention Act of 1986; Federal Law P.O.Box 469 P.O. P Sandy, UT 84091-0469 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE POLICIES BELOW. 800-321-1493 INSURERS AFFORDING COVERAGE INSURED McCall Parasail,Inc 1329 Grayston INSURER A: NOTICE: Coverage is being provided as part of a Master Group INSURER 8: Policy issued to members of the Worldwide Outfitters and Guides INSURERC: Association, Inc. , a Risk Retention 'Purchasing Group' authorized under the Risk INSURER D: Retention Act of 1986: Federal Law 97-45. IAIc,i IRF{i P. McCall , ID 83638 "LIMITS SHOWN ARE THOSE IN Certain Underwriters at Lloyds, London COVERAGES EFFECT AS OF POLICY INCEPTION" The policies of insurance listed below have been issued to the insured named above for the policy indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDNY) DATE (MM/DDNY) LIMITS 151 Commercial Liability LAP0302-11060022 6/6/2011 6/6/2012 $100,000 Per Accident $500,000 Policy Aggregate 0 Claims Made ■ II Excuding Products and Complet Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos O.T.R.P.D. Garage Coverage G.K.L.L. Drive Away D.O.C. Cargo On Hook Contractual Liability Wrongful Repossession Excess Liability Claims Made LIMITATION OF COVERAGE FOR ADDITIONAL INSURED Liability Coverage is only provided to the Additional Insured with respect to Accidents otherwise covered under the Policy/Coverage Contract where the Insured is found directly liable and not where the Additional Insured is found independently negligent of the Insured. DESCRIPTION OF OPERATION/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations on the Participant Member Declaration Certificate or as may be separately endorsed. Guided Watersport Activities parasailing and wakeboarding, Parasail Boat. U CERTIFICATE HOLDER U ADDITIONAL INSURE U I LOSS PAYEE City of McCall 216 East Park Street McCall , ID 83638 Bessie Jo Wagner LA. WOGA-F-004 030CT2005 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN TIVE.` UR ASIN GRO .. CANCELLATION/NONRENEWAL NOTICE DATE OF NOTICE 8/2/2011 Insured: Worldwide Outfitter and Guides Association Incorporated P.O. Box 469 Sandy, UT 84091-0469 POLICY NUMBER: ECEOVE AUC - 5 2011 LOG0338 CERTIFICATE NUMBER 11060028 Participating MCCALL PARASAIL,INC Member: GENERAL DELIVERY MCCALL, ID 83638 Termination of coverage will take effect: 8/17/2011 at 12:01 A.M. Standard Time You are hereby notified -in accordance with the terms and conditions of -the referenced Policy that the insurance coverage provided thereunder will cease at and from the hour and date stated above due to: Non -Payment to Greenlight Finance You may be able to avoid termination of coverage by curing the reason for cancellation/nonrenewal before the termination of coverage date referenced. Name and address of additional party notified of the cancellation/nonrenewal: MORTGAGEE LOSS PAYEE/ADDITIONAL INSURED: City of McCall 216 East Park Street McCall, ID 83638 Authorized Representative Signed on: 8/2/2011 ADDITIONAL INSURED ENDORSEMENT RAP-99-12 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The following requirements govern coverage under the Coverage Contract and must be adhered to for coverage to be provided to the Participating Member under the Coverage Contract. No activities conducted by the Participating Member are covered under the Coverage Contract unless they are conducted in full compliance with all of the requirements specified below and in the Coverage Contract. The Participating Member must advise its employees, agents, contractors, and/or subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Participating Member agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Coverage Contract will result in the denial of coverage under the Coverage Contract meaning the Insurer will not be obligated to indemnify or defend you. Master Coverage Contract Number: LAP0302 Certificate Number: 11060022 Participating Member: McCall Parasail,lnc Effective Date: 6/9/2011 Additional Insured: City of McCall Attention: Bessie Jo Wagner 216 East Park Street McCall, ID 83638 The "Who is a Participating Member" provision of the Coverage Contract shall be amended to include the person or organization scheduled in this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Participating Member only, and subject to all other terms and conditions of the Coverage Contract and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Participating Member and only to the extent the Participating Member would have been liable and coverage would have been afforded to the Participating Member under the terms and conditions of this Coverage Contract had such Claim been made against the Participating Member. The Coverage Contract expressly provides that coverage is to be construed and enforced in accordance with the laws of the State of Utah, and the Participating Member has consented to the jurisdiction of the courts of the State of Utah and has agreed that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to coverage issues. The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Master Group Policy issued to the Insured Association, the participating member Coverage Contract, and all related documents providing coverage to the Participating Member. The failure of the Participating Member to adhere to any such provisions will also defeat coverage under the Coverage Contract for all Additional Insureds. A copy of the Participating Member Coverage Contract may be obtained from the Participating Member or by contacting the Industry Association Purchasing Group office in Salt Lake City, Utah, during normal business hours. Endorsement No.: 2 Rick J. Lindsey SB121760 RAP-99-12 12DEC2007 Page 1 of 1