HomeMy Public PortalAboutAB 06-070 Use AgreementUSE 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 Darrell Cobb, dba and owner and operator
of McCall Power Sport Rentals, hereinafter referred to as "Licensee", located at 114
North 3rd Street, Suite B, McCall, Idaho 83638.
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 McCall Power Sport Rentals by
its owner and operator, Darrell Cobb, from May 1, 2006 to October 15, 2006, subject to
the terms of this agreement.
NOW, THEREFORE, City 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 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 being earlier
than 7:30 a.m., and shall end not later than 9:00 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. All jet ski 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 or off -site, as soon as
practical after loading or unloading.
7. All repair work will be completed off -site, unless work can be completed within
fifteen (15) minutes and with no damage to the lake or surrounding area.
8. Watercraft will be fueled off -site and will be delivered to the beach with full
tanks.
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9. No refueling within twenty-five feet of City property except in designated fueling
areas or designated trailer parking area.
10. Rental operations will be secondary to public use of the boat launch ramp, dock,
and beach, i.e., in the event of conflict, Licensee shall yield.
11. Pamphlets, brochures, and flyers will not be given to public in Legacy Park,
unless requested by a member of the public.
12. A. A11 clothing worn by employees must clearly identify the individuals as
employees of Licensee.
B. A11 vehicles used by the Licensee or their employees must display an
identification tag or sticker.
13. 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.
14. 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 and designated beach area from May 1, 2005 to
October 15, 2006.
15. Either party may terminate this Agreement upon 30 days written notice.
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16. 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 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.
17. The negotiated fee for the Concession Agreement from May 1, 2006 through
October 15, 2006 shall be $1,248.00, which sum is payable prior to Licensee's
commencement of operations, but in any event not later than May 1, 2006.
CITY OF MCCALL
William A. Robertson, Mayor Date
ATTEST: [SEAL]
Joanne E.York, City Clerk
MCCALL POWER SPORT RENTALS
Darrell Cobb, Owner and Date
Operator of McCall Power Sport Rentals
STATE OF IDAHO )
) ss.
County of Valley )
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On this day of , in the year 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:
USE AGREEMENT - 4
STATE OF IDAHO )
) ss.
County of Valley )
On this day of , in the year 2006, before me
, personally appeared before me Darrell Cobb, Owner and
Operator of McCall Power Sport Rentals, 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 Cobb 03 01 06.doc
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