HomeMy Public PortalAbout2005 Special Use Agreement Cheap ThrillsUSE AGREEMENT
THIS USE AGREEMENT (herinafter referred to as the “Agreement”) is made and entered into this _______day of ______, 2005, by and between the City of McCall and Chuck Whitescarver, dba
and owner and operator of Cheap Thrills Rentals located at 303 North 3rd Street, McCall, Idaho 83638.
WHEREAS, the City of McCall is the owner of 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 April 28th, 2005 the McCall City Council approved the operation of Cheap Thrills Rentals by its owner and operator, Chuck Whitescarver at the City Boat Ramp from April 28,
2005 to October 15, 2005.
NOW, THEREFORE, the City of McCall and Chuck Whitescarver and Cheap Thrills Rentals, agree as follows:
1. The term of this Use Agreement shall be from April 28, 2005 to
October 28, 2005.
2. Chuck Whitescarver and Cheap Thrills Rentals agree to comply with the terms of the Special Use Permit issued by the City of McCall in accordance with all applicable laws, including
the McCall City Code, and agree that their use of the City Boat Ramp is nonexclusive and cannot interfere with any other public use of the City Boat Ramp.
3. Chuck Whitescarver and Cheap Thrills Rentals shall immediately provide the City of McCall a Certificate of Liability Insurance with the City added as an additional insured in an amount
not less than $500,000 per occurrence, and also agrees to indemnify and hold the City harmless from any and all claims arising out of Chuck Whitescarver and Cheap Thrills Rentals use
of the City Boat Ramp. Chuck Whitescarver and Cheap Thrills Rentals shall not use the City Boat Ramp until the Certificate of Liability Insurance described herein has been provided
to the City of McCall.
4. Nothing contained in this Agreement shall create any relationship between Chuck Whitescarver and Cheap Thrills Rentals and the City of McCall 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 April 28, 2005 to
October 15, 2005.
5. Either party may terminate this Agreement upon 30 days written notice.
6. In the event Chuck Whitescarver or Cheap Thrills Rentals breaches this Agreement or fails to vacate the City Boat Ramp upon termination of this
Agreement, the City of McCall, or its successor, shall be entitled to all rights and remedies including the right to recovery of attorney fees and costs.
CITY OF MCCALL
__________________________ _______________________
William A. Robertson, City Council President Date
ATTEST: [SEAL]
__________________________
Dan Irwin, City Clerk
CHEAP THRILLS RENTALS
__________________________ _______________________
Chuck Whitescarver, Owner and Date
Operator of Cheap Thrills Rentals
STATE OF IDAHO )
S.S
County of Valley )
On this_____day of ______, in the year 2005, personally appeared before me
Chuck Whitescarver, Owner and Operator of Cheap Thrills Rentals, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same.
_____________________________
Notary Public
My Commission Expires on __________________