HomeMy Public PortalAbout2007.12.17 Cheap Thrills Special Use AgrmtUSE AGREEMENT
THIS USE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into this /77-/-4 day of 2007, by and between the City of
McCall, hereinafter referred to as "City", and Chuck Whitescarver and Peggy
Whitescarver, dba Cheap Thrills Rentals, hereinafter referred to as "Licensee", located at
303 North 3rd Street, McCall, Idaho 83638.
WHEREAS, the City of McCall is the owner of Legacy Park and the Municipal boat
launching ramp in Payette Lake located at the west end of Fir Street in McCall, Idaho
(hereinafter referred to as "City Boat Ramp").
WHEREAS, on December 13, 2007 the McCall City Council approved limited use of the
City Boat Ramp and designated beach area by Cheap Thrills Rentals, from May 1, 2008
to October 15, 2012, 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 1, 2008 to October 15, 2012.
2. Licensee agrees to follow the teiius set out in Licensee's proposal, attached as
Exhibit A, to the extent not inconsistent with the specific terms of this agreement, and to
comply with all applicable laws, including the McCall City Code, and agrees that its use
of the City Boat Ramp and designated beach area 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 7:30 a.m., and shall end not later than 7:00 p.m. each day, Sunday through Saturday.
Licensee shall be allowed to operate evening hours of 7:00 p.m. until 9:30 p.m. for four
(4) nights per week on Wednesday, Thursday, Friday and Saturday, during which time
usage will be limited to six (6) machines.
4. All boat instructions and safety awareness must be completed at Licensee's
regular place of business or on City Docks.
5. All jet ski instruction and safety awareness must be completed at Licensee's
regular place of business or on designated beach area.
6. After loading and unloading of watercraft, trailers will be parked in designated
trailer parking area located east of Municipal boat launch ramp as coordinated with the
City of McCall or off -site, and done in a timely manner.
7. All major repair work will be completed off city property.
8. Watercraft refueling will be done off city beaches.
USE AGREEMENT - 1
9. Public has primary use of the boat launch ramp, docks and beaches.
10. Pamphlets, brochures, and flyers will not be given to public in Legacy Park,
unless requested by a member of the public.
11. A. All clothing worn by employees must clearly identify the individuals as
employees of Licensee.
B. All vehicles used by the Licensee or their employees must display an
identification tag or sticker.
12. 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
harmless from any and all claims arising out of Licensee's use of the City Boat Ramp and
designated beach area. Licensee shall not use the City Boat Ramp or designated beach
area until the Certificate of Liability Insurance described herein has been provided to the
City of McCall.
13. 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 City Boat Ramp from May 1, 2008 to October 15, 2012.
14. Either party may terminate this Agreement upon 90 days written notice.
15. 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 snail 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 the Boat Ramp, 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.
16. The negotiated fee for the Concession Agreement from May 1, 2008 through
October 15, 2008 shall be $7,100, which sum is payable prior to Licensee's
commencement of operations, but in any event not later than May 1, 2008. The Fee shall
be adjusted annually effective May 1, 2009, and each May 1 thereafter, for the term of
this Agreement, according to the percentage increase of the Consumer Price Index
(Bureau of Labor Statistics) using the Western Urban index for the twelve calendar
months prior to and including the month of March immediately preceding the date the fee
is payable.
USE AGREEMENT - 2
17. This Agreement authorizes Licensee to conduct commercial activities as
described in Exhibit A from the southerly face of the southernmost dock at the Municipal
Boat Launching Ramp near the west of end Fir Street and on 106 feet of beach South of
the Pumpstation dock in Legacy Park.
18. The City reserves the right to relocate the licensee to another location within
Legacy Park or adjacent City -owned waterfront areas during the term of this agreement.
CITY OF MCCA
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William A. Robertson, Mayor Date
ATTEST:
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[SEAL]
STATE OF IDAHO )
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County of Valley, )
On this / 7 day of - ee-m , 2007, before me h 4 - �
personally appeared William A. Robertson and ed.Oquicl known or identified to me to
be the Mayor and ity Clerk of the City AcCall, that executed the said
instrument, and acknowledged to me that such City of McCall executed the same.
(SEAL)
Notary Publi11
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USE AGREEMENT - 3
CHEAP THRILLS RENTALS
(21;:/:01 �� e� //�it� /02 /% a7
Chuck hitescarver Date
Operator of Cheap Thrills Rentals
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Date
STATE OF IDAHO )
) ss.
County of Valley )
On this i 7 day of bL , in the year 2007, before me
,Y(er.,,l (1. OutOuto6n, , personally appeared before me Chuck Whitescarver,
Owner and Operator of Cheap Thrills Rentals, known or identified to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same. 01,11,11,4
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STATE OF IDAHO.;) 0 .. ' a�,,�
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County of Valley
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Notary Publi6 for Idaho
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On this / 7 day of lam' G , in the year 2007, before me
Sh,y(1,11. �� 2��w. , personally appeared before me Peggy Whitescarver,
known oi identified to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
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Notary Public for Idaho
My Commission Expires on 1(`Z/ -OC