PHASE I AGREEMENT DISCUSSED
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WHITEWATER PARK ASSOCIATION AGREEMENT 9-5-12

Representatives of the City of Salmon and the Whitewater Park Association have been working on a written agreement between the two entities for weeks. At the September 5 meeting of the Salmon City Council a draft Phase I Development Agreement, which had been made available to council members, was discussed in detail.

The Whitewater Park Association is proposing a Kayak Course be built in the Salmon River adjacent to Island Park. Island Park is owned by the city therefore a joint agreement is necessary in order for the Whitewater Association to apply for US Army Corps of Engineers and Idaho Department of Water Resources permits, as well as any other permits which might be required before actual construction could begin.

City Attorney Fred Snook reviewed key points of the agreement. He said the three year agreement only governs Phase I of the project which is the pre-construction Engineering and Permitting Phase. It does not put the city or the association under any obligation to continue past phase I. It is estimated that completion of Phase I could take up to three years.

Line “d.” in Section Four of the agreement reads, “The City will not be responsible for any funding for the Project.”

The agreement defines the purpose of the association as being to develop, construct, promote and maintain the Salmon Whitewater Park.

The agreement also states that the association is responsible for obtaining all governmental licenses required and that association members are not considered to be city employees and are not entitled to any city employee benefits.

Snook said the first step of the project is engineering and design work. That has to be completed before permit applications can be made. The agreement lists anticipated costs of engineering and design to be approximately $50,000. The Whitewater Association is responsible for supplying that funding. One of the minor changes the council will request is that the agreement read “estimated costs” rather than anticipated costs.

The council also requested that approval power be designated to the City Council in the document instead of just “the city.”

Another issue which will be researched further is whether there is a need for liability insurance at this stage. Snook commented that law suits are usually connected to the actual construction phase which would be several years away. The Idaho Association of Cities will be consulted for an opinion. During two public comment periods after the Whitewater Park Association agreement discussion Salmon resident Bob Wiederrick urged the council to carefully consider and fully investigate the issue of liability insurance.

The agreement is for a three-year period with an option at the end of that period for a one-year extension. The council requested the agreement read, “…with subsequent one-year extension periods upon approval by the City Council.”

The draft agreement document with requested changes will be sent to the Whitewater Park Association for their review with subsequent results addressed at the September 19 meeting of the Salmon City Council.


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