HomeMy Public PortalAboutAgreement of Usage of Pumpout Dock 6.28.2001
AGREEMENT OF USAGE OF PUMPOUT DOCK This AGREEMENT is made~,2001, by and between the City OfMcCall, 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 ofMcCall 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 ofthis 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.
------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/