HomeMy Public PortalAbout2019.12.05 Single Use Agreement SINGLE USE AGREEMENT
THIS SINGLE USE AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this 05 day of December, 2019, by and between the CITY OF MCCALL,
hereinafter referred to as "City", and Ron Dillon (R&R Promotions) hereinafter referred to as
"Licensee", whose address is PO Box 7075, Boise Idaho, 83707.
WHEREAS, the City of McCall is the owner of Riverfront Park in McCall, Idaho
(hereinafter referred to as "Riverfront Park");
WHEREAS, on December 05, 2019, the McCall City Council approved limited use of
Riverfront Park for the Snow Bike Race to be held on January 25, 2020, the first Saturday of
Winter Carnival, subject to the terms of this Agreement; and
WHEREAS, Licensee has submitted to City its proposal to use Riverfront Park on January
25, 2020 for the Snow Bike Race.
NOW, THEREFORE, City and Licensee, agree as follows:
1. The term of this Agreement shall be January 25, 2020 during the Snow Bike Race.
City acknowledges receipt from Licensee of the sum of$450.00 representing the reservation fee
and damage deposit.
2. Licensee agrees to follow the terms set out in Licensee's proposal to the extent not
inconsistent with the specific terms of this Agreement, and to comply with all applicable laws,
including the McCall City Code.
3. Licensee shall immediately provide to City for approval, the Waiver of Liability
that the bike racers will sign as part of their registration, and will accept such edits or additions as
the City of McCall may suggest for protection of the City.
4. 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.
5. Licensee hereby indemnifies, agrees to defend, and holds the City harmless from
any and all claims arising out of Licensee's use of Riverfront Park for the Snow Bike Race.
Licensee shall not use Riverfront Park until all conditions in this agreement are met, including that
the Certificate of Liability Insurance described herein has been provided to the City of McCall.
6. Licensee shall immediately provide to City for approval, a letter Licensee will
distribute to all neighbors of Riverfront Park on or before January 15, 2020 informing them of the
nature, size, and general outline/timeframe of the event. City of McCall will provide Licensee
with a list and addresses of all neighbors of Riverfront Park.
7. Licensee shall immediately provide to City for approval, the Event's Setup
Logistics which will include the following information, and specify when (prior to, during, and/or
after the Snow Bike Race) each item will be undertaken:
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a. the dates and time that materials will be brought to Riverfront Park;
b. a plan for snow removal;
c. a plan for parking showing where parking is to take place and how traffic
and parking is to be managed, policed, and directed — to include Mission
Street (i.e.: volunteers and or flaggers, parking delineation, ice
management, etc.);
d. a plan for grooming of the Snow Bike Race course;
e. a schedule of the Snow Bike Race from start to finish;
f. a list of food and beverage vendors that will be serving at the Snow Bike
Race. All vendors shall possess the required licenses and permits;
g• a listing of what utilities will be required to facilitate the Snow Bike Race,
all related events, and vendor operations, together with Licensee's plan
outlining how those required utilities will be provided;
h. a detailed plan for trash and restroom management, numbers of trash
receptacles, portable toilets and their locations and scheduled delivery and
pickup;
i. an outline for the event teardown,all of which must be complete by January
15, 2020.
In the event any of the above required items have not been timely provided to City for
review and approval, or in the event City fails to approve any item, City may cancel and terminate
this Agreement without penalty.
8. Licensee declares that the fees it will charge the public to attend the Snow Bike
Race will be the following sums:
a. 13 and Up- $10.00;
b. Children between 6 and 12 - $5.00;
c. Children under 6 - Free;
d. Seniors - $10.00.
9. Licensee shall not begin the Snow Bike Race activities earlier than 8:00a.m., and
shall end not later than 6:00 p.m. of that same day. The actual hours of operation for the Snow
Bike Race shall be from 9:00 a.m. to 6:00 p.m.
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December 05,2019
10. All clothing worn by employees of Licensee must clearly identify the individuals
as employees of Licensee.
11. All vehicles used by the Licensee or their employees must display an identification
tag or sticker.
12. 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 Riverfront Park for the Snow Bike Race on January 25, 2020.
13. Licensee covenants and agrees that at the conclusion of the Snow Bike Race,
Riverfront Park will be left in good condition, with all trash, litter, etc. cleaned up and properly
disposed.
14. In the event Licensee breaches this Agreement so as to, in the sole discretion of
City,constitute a threat to the health, safety or welfare of City, its citizens,or Riverfront Park,City
may demand that Licensee immediately cease operations at Riverfront Park,which operations will
not be allowed to resume unless and until,the breach ceases or is cured. For defaults not involving
a threat to the health, safety, or welfare of City, its citizens, or Riverfront Park, such default must
be cured not later than five (5) days after personal delivery or mailing of the written notice.
15. The above recitals are hereby incorporated into and made a part of this Agreement.
16. This Agreement constitutes the entire agreement between City and Licensee.
17. In the event an action is brought to enforce any of the terms or provisions of this
Agreement, or enforce forfeiture thereof for default thereof by either of the parties hereto, the
successful party to such action or collection shall be entitled to recover from the losing party a
reasonable attorney fee,together with such other costs as may be authorized by law.
18. In the event any of the provisions of this Agreement shall be deemed illegal or
unenforceable, such determination shall not operate to invalidate any of the remaining provisions
of this Agreement.
19. This Agreement is established under the laws of the State of Idaho,and all questions
concerning its validity and construction shall be determined under such laws.
20. The provisions and stipulations of this Agreement shall inure to and bind the heirs,
personal representatives, assigns and successors in interest of the parties hereto.
CITY: -) LICENSEE:
------..., - 0,
By:
ckie J. Ay�6n, M r Ron Dillon
Attest: g621144/1
d
BessieJo Wagn r, City Cler
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