HomeMy Public PortalAbout2011.12.12 Timberlost AgreementAGREEMENT
This Agreement made this day of ))--E7 - , 2011, between
Timberlost V Condominium Homeowner's Association, Inc., (hereinafter referred to as
"Association"), and the City of McCall, Idaho, (hereinafter referred to as "City").
WHEREAS, the City of McCall, Idaho owns a municipal golf course which is
surrounded by private development; and
WHEREAS, Fairway Drive is a private road within Timberlost V Subdivision, which
road is controlled and maintained by Association; and
WHEREAS, Association wants property upon which to store snow removed from
Fairway Drive during the winter months; and
WHEREAS, City wants to be able to use Fairway Drive to transport maintenance
equipment from one part of the municipal golf course to other parts of the municipal golf course,
in effect using a shorter route thereby cutting fuel costs and reducing emissions.
NOW, THEREFORE, the parties hereto agree as follows:
1. In exchange for permitting city personnel to transport golf course equipment via
Fairway Drive, City grants to Association a revocable limited license for snow storage. The
license for snow storage is limited to snow removed from Fairway Drive within the Timberlost V
development. The area designated for snow storage is outlined on the map attached hereto as
Exhibit A, and is generally described as the parking area located west of the entrance to the golf
course.
2. Association, its contractors and personnel, shall use reasonable care when
transporting snow removed from Fairway Drive, and when depositing the snow in the designated
snow storage area. The Association shall take reasonable care to minimize damage to existing
vegetation and improvements on the designated snow storage area. The designated area may not
be used by Association for storage of any snow collected from anywhere other than Fairway
Drive.
3. Renewal. This agreement will be automatically renewed on an annual basis
unless either party desires to not renew the same. Notice of non -renewal, if any, must be
delivered to the other party not later than September 30 of any given year. That notice of non -
renewal, when timely given, effectively terminates this agreement on October 1 following the
date of the notice.
AGREEMENT
December 17, 2011
PAGE 1
4. Insurance. Association will maintain commercial liability insurance of not less
that $1,000,000.00 combined single limit coverage. City agrees to maintain liability insurance
with limits sufficient to satisfy the requirements of Idaho Code § 6-924. Either party may
request proof of insurance which shall be provided within 10 days of such request.
5. Indemnity. Association shall indemnify, defend, and hold harmless City, and its
officers, agents and employees, from and against any and all claims, losses, actions, or
judgments for damages or injury to persons or property arising out of or in connection with the
transporting and/or depositing of snow onto the snow storage area, or acts and/or any
performances or activities of Association, Association's agents, employees, or representatives
under this Agreement.
6. Attorney Fees. In the event an action is brought to enforce any of the terms or
provisions of this Agreement, 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.
7. Restriction on Assignment. Association agrees that it may not assign its rights
under this agreement without the written consent of the City. Not withstanding the foregoing,
Association shall be permitted to use private contractors for the snow removal, transport, and
depositing onto the snow storage area.
DATED: / A f. /z r-726.1- oil
DATED/sue( 2-JC✓
Attest:
BessieJo Wagner, City,Clerk
AGREEMENT
December 17, 2011
TIMBERLOST V CONDOMINIUM
HOMEOWNER'S ASSOCIATION, INC.,
Slim' t)idt
Association President
CITY OF MCCALL, IDAHO
Donald C. Bailey, Mayor
PAGE 2
ACKNOWLEDGMENT CERTIFICATE
STATE OF IDAHO )
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County of Valley )
On this /b2 day of,_ZL�,Z02 , 2011, before me ,Ot?,60Pa< hu ,
personally appeared Gail May known to me to be the Association President of Timberlost
V Condominium HOA, that executed the said instrument, and acknowledged before me.
Notary Public for
My Commission pires on /-1— ,ZD i 7
ACKNOWLEDGMENT CERTIFICATE
STATE OF IDAHO
) ss.
County of Valley
On this i S day of Ni_c_r(14 r , 2011, before me tzw,1 (\, 4
personally appeared Don Bailey and BessieJo Wagner known to me to be the Mayor and
the City Clerk of the City of McCall, that executed the said instrument, and
acknowledged before me.
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NotaPublic for_
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