HomeMy Public PortalAboutAB 06-069 Use Agreement attachmentUSE AGREEMENT
THIS USE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into this day of , 2006, by and between the
City of McCall, hereinafter referred to as "City", and Ray Dupree, dba and owner and
operator of Payette Lake Scenic Cruises, hereinafter referred to as "Licensee", located at
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 , 2006 the McCall City Council approved
limited use of the City Boat Ramp and designated beach area by Payette Lake Scenic
Cruises by its owner and operator, Ray Dupree, from May 1, 2006 to October 15, 2006,
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 May 1, 2006 to October 15, 2006.
2. Licensee agrees to comply with the terms of the Special Use Permit issued by the
City of McCall, and all applicable laws, including the McCall City Code, and agrees that
its use of the City Boat Ramp 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.
4. All boat instructions and safety awareness must be completed at Licensee's
regular place of business or on City Docks.
5. After loading and unloading of watercraft, trailers will be parked in designated
trailer parking area located east of Municipal boat launch ramp or off -site, as soon as
practical after loading or unloading.
6. All repair work will be completed off -site.
7. Watercraft will be fueled off -site and will be delivered to the docks with full
tanks.
8. No refueling within twenty-five feet of City property except in designated fueling
areas.
9. Rental operations will be secondary to public use of the boat launch ramp, and
dock, i.e, in the event of conflict, Licensee shall yield.
USE AGREEMENT - 1
10. Pamphlets, brochures, and flyers will not be given to public in Legacy Park unless
requested by a member of the public.
11. A11 vehicles and clothing worn by employees must clearly identify the individuals
as employees of Licensee.
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 $500,000 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 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 May 1, 2005 to October 15, 2006.
14. Either party may terminate this Agreement upon 30 days written notice.
15. In the event Licensee breaches this agreement, City shall provide Licensee with
written notice of default, either delivered to Licensee at its regular 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 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 from May 1, 2006 through
October 15, 2006 shall be $50.00, which sum is payable to Licensee's commencement of
operations, but in any event not later than May 1, 2006.
USE AGREEMENT - 2
CITY OF MCCALL
William A. Robertson, Mayor Date
ATTEST: [SEAL]
Joanne E. York, City Clerk
PAYETTE LAKE SCENIC CRUISES
Ray Dupree, Owner and Date
Operator of Payette Lake Scenic Cruises
STATE OF IDAHO )
) ss.
County of Valley )
On this day of , 2006, before me
personally appeared William A. Robertson and Joanne E. York, known or identified to
me to be the Mayor and City Clerk of the City of McCall, that executed the said
instrument, and acknowledged to me that such City of McCall executed the same.
Notary Public for Idaho
(SEAL) My Commission Expires on
USE AGREEMENT - 3
STATE OF IDAHO )
) ss.
County of Valley )
On this day of
, in the year 2006, before me
, personally appeared before me Ray Dupree, Owner and
Operator of Payette Scenic Lake Cruises, known or identified to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same.
Notary Public for Idaho
(SEAL) My Commission Expires on
msgW:AWork\M\McCall, City of 21684\Parks Department\concessionaire use agreement with Dupree 03 02 06.doc
USE AGREEMENT - 4