HomeMy Public PortalAboutAgreement of Usage of Pumpout Dock 6.28.2001AGREEMENT OF USAGE OF PUMPOUT DOCK
This AGREEMENT is made~,2001, by and between the City Of McCall,
an Idaho municipal corporation hereinafter referred to as Lessor, and Payette Lakes
Recreational Water and Sewer District (PLRWSD) hereinafter referred to as Lessee, in
consideration of the premises and covenants and agreements below.
Backeround
1. Lessee wishes to dock their 2 sewer district boats (one being 16' long and the
other 32' long) at the City of McCall pumpout dock.
Agreements
2. Lessee is granted the right and privilege to operate and dock the two boats at the
City of McCall pumpout dock.
3. The term of this agreement will commence on or before June 1,2001, and end on
September 30, 2001, both dates inclusive, unless renewed or terminated as herein
provided. Lessee has a five year option for renewal on or immediately after
September 30, 2001, provided that Lessor in good faith exercise of its judgement
is satisfied that this Agreement has been carried out by Lessee without violation
of its terms and without unforeseen deleterious effects upon the pumpout dock.
4. Lessee will pay to the Lessor Y2 (50%) of all maintenance and repair bills for the
docks.
5. Lessee will pay for the removal and installation of the pumpout docks every
spring and fall.
6. Lessee will indemnify and save and hold harmless lessor from and for any and all
losses, claims, actions or judgements for damages or injury to persons or property
and losses and expenses caused or insured by Lessee his servants, agents,
employees, guests and business invitees, or evolving from Lessee's boat docking
operation. In addition, Lessee shall maintain and specifically agrees that he will
maintain throughout the term of this Agreement, or any renewal term thereof,
liability insurance in which Lessor will be named as an additional named insured
in the minimum amount to the maximum limit of tort claim liability set forth in
Idaho Code 6-926. The limits of insurance will not be deemed a limitation of
Lessee's covenants to indemnify and save and hold harmless Lessor, and if Lessor
becomes liable for an amount in excess of the insurance limits herein provided,
Lessee covenants and agrees to indemnify and save and hold harmless Lessor
from any and all such losses, claims, actions or judgements for damages or
injuries to persons or property.
7. Lessee will not assign or transfer this Agreement or any privilege under it, either
voluntarily or involuntarily, without the prior written consent of Lessor. Such
consent will not be arbitrarily or capriciously withheld.
8. This agreement constitutes the full and total agreement between the parties hereto.
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9. In the event that any dispute arises between the parties hereto which results in a
legal action, the prevailing party will be entitled to costs and attorneys' fees in
accord with law and court rule.
10. Notices between the parties may be made by personal delivery or by United States
mail, postage prepaid, registered or certified, with return receipt requested, or by
telegram, facsimile transmission or mail-o-gram or by recognized courier delivery
(e.g. Federal Express, UPS, DHL, etc.) addressed to the parties, as the case may
be, at the address set forth below or at such other addresses as the parties may
subsequently designate by written notice given in the manner provided in this
section:
To Lessor: City Clerk With a copy to: City Attorney
City Of McCall City Of McCall
216 E. Park Street 216 E. Park Street
McCall, ID83638 McCall, ID 83638
208-634-7142 208-634-7142
208-634-3038 (facsimile) 208-634-3038
( facsimile)
To Lessee: Payette Lakes Recreational Water and Sewer District
201 Jacob St.
McCall, Idaho 83638
208-634-4111
Dated:
Dated: S---j -0 \.
Dated: S--Z-0/