HomeMy Public PortalAbout2013.01.01 Cheap Thrills Concession Use AgreementCONCESSION USE AGREEMENT
THIS USE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into
this 29 day of November 2012, 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 November 29, 2012 the McCall City Council approved limited use of the City
Boat Ramp and designated beach area by Cheap Thrills Rentals, from January 1, 2013 to
December 31, 2022, 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 January 1, 2013 to December 31, 2022.
2. Licensee agrees to follow the terms 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 to be
coordinated with the Parks and Recreation Director.
4. All boat instructions and safety awareness must be completed at Licensee's regular place of
business or on City Docks.
5. All personal watercraft 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 of City property.
8. Watercraft refueling will be done away from City beaches.
9. Public has primary use of the boat launch ramp, docks and beaches.
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Concession Use Agreement
November 29, 2012
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 January 1, 2013 to December 31, 2022.
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 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 Legacy Park and 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 shall be $7,100 yearly, which sum is
payable prior to Licensee's commencement of operations, but in any event not later than May 14
of each year. The Fee shall be adjusted annually effective May 1, 2013 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.
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 Pump station dock in Legacy
Park.
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Concession Use Agreement
November 29, 2012
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.
The effective date of this agreement is the 1 day of January, 2013.
CHEAP THRILLS RENTALS:
Chuck Whitescarver
CITY OF McCALL:
Donald C. Bailey, Mayor
EST:
'onsi nn,o BessieJo W gner, Ctty
Concession Use Agreement
November 29, 2012
Page 3 of 4
STATE OF IDAHO, )
: ss:
County of Valley )
On this %/ day of .2 Ce/iiv ery , 2012, before me, a Notary Public,
appeared CHUCK WHITESCARVER and PEGGY WHITESCARVER, husband and wife,
known or identified to me to be the LICENSEE that executed the said instrument, and
acknowledged to me that he/she executed the same on behalf of CHEAP THRILLS RENTALS.
(SEAL) 5B V 744:•y, Notary Public for Idt o
Commission Expires:
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STATE OF IDAHO, )
: ss:
County of Valley )
On this day of Le-t— , 2012, before me, a Notary Public,
appeared DONALD C. BAILEY AND BESSIEJO WAGNER, known or identified to me to be
the MAYOR AND CITY CLERK RESPECTIVELY OF THE CITY OF MCCALL that
executed the said instrument, and acknowledged to me that he/she executed the same on behalf
of THE CITY OF MCCALL.
(SEAL)
Concession Use Agreement
November 29, 2012
Notary Public for kJ
Commission Expires:
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