HomeMy Public PortalAboutP&RAC Minutes 1995 07/10PARKS AND RECREATION ADVISORY COMMITTEE
MINUTES
JULY 10,1995
I. ROLL CALL AND CALL TO ORDER.
Chair Grote called the meeting to order at 7:OOpm. Committee members
Killen and Ware answered roll call. Chair declared a quorum present. Also
attending was Scotty Davenport, and Director Baker.
II. MEETING MINUTES - JUNE 12,1995
Killen moved accept the minutes of June 12,1995 as written. Seconded by
Ware and the motion carried.
III. REPORTS
a. Ice Break-up Contest.
Killen informed committee the Star New was reimbursed $300.00 for the
prize money they put up, and the remainder of the moneys collected was given
to the City Treasurer.
b. Kiosks in city parks.
Ware informed committee he is setting up a meeting with Mr. Forsyth
and asked for Kiosks in city parks to be placed on the August agenda.
c. I.R.P.A. Convention.
No report was given.
IV. NEW BUSINESS.
a. Legacy Park volleyball court reservations.
Director informed committee he has been allowing groups of people to
reserve the Legacy Park volleyball court on weekdays for a $50.00 fee, but has
kept the weekends on a first come, first serve basis. Committee felt Director
interpretation of the reservation policy was correct.
V. OLD BUSINESS.
a. Rodeo Grounds at the Riverfront Park site.
Director informed committee Mr. Rake had not done any further work on
the proposal. Chair requested Director to place the issue on the August agenda.
b. Art Roberts Park paddle boat operation.
Committee believed the paddle boat operation does not appears to have
any problems at this time.
c. Davis Beach Docks and Swim Buoys.
Committee noted council actions requesting City Manager to draft a letter
to the dock owners. Chair, with consent of the committee requested Director to
acquire a copy of the letter and review the powers of the resolution with
Manager, and place the issue on the August agenda.
Committee requested Director to see if swim buoys could be placed South
of the Southern dock, and if so have them installed.
d. Out of city user fees.
Committee reviewed council actions. After review committee requested
Director to meet with the Mayor to acquire his reasoning for wanting this option.
Chair with consent of the committee requested the issue to be placed on the
August agenda.
VI. OTHER BUSINESS.
a. Snowcone wagon in city parks.
Committee reviewed council actions. Director informed committee
Mrs. Wells had not been in contact with city staff since the council meeting.
Chair with consent of committee requested the issue be placed on the August
agenda.
b. Park board nominees.
Chair set special meeting for August 14, 1995 to interview applicants.
c. Application to I.D.L. to place dock on private property North of
Garnett Beach .
Committee reviewed without comment or action.
c. Special meeting for interview of people who would like to serve on
the Parks and Recreation Advisory Committee.
Chair with consent of the committee set a Parks and Recreation Advisory
Committee meeting for Monday, August 14, 1995 at 12:00noon in the McCall
City Hall Council Chambers. Chair asked Director to contact applicants and
schedule interviews for the meeting.
VII. NEXT MEETING.
Next regular meeting of the Parks and Recreation Advisory Committee
set for August 14, 1995 at 12:00noon in the McCall City Hall Council Chamber.
VIII. ADJOURNMENT.
Chair declared the meeting adjourned at 8:15pm.
Sincerely,
Tomi Grote,
Chair.
IDAHO DEPARTMENT OF LANDS
STANLEY F. HAMILTON
DIRECTOR
DATE: a1ul�.,x_ d2�( (?-
NAME: Ci,7 ,
ADDRESS: P. A 6- / 6 6 s—
Mc_CaQ2, fD 63 c 3 8
Dear { S
This is to inform you that CQ_So
PAYETTE LAKES AREA OFFICE
P.O. BOX AS
McCALL, IDAHO 83633-2544
(208) 634-7125
has applied for a permit to construct a Locl, 6.4.4
nc7 n —ram s �z, / 6/1-5 // S J . Tvb.
The enclosed site diagram shows location and indicates dimensions
and distances to your mutual property boundary.
Department policy allows you three weeks from the date of this
letter to comment in writing on this proposal. It would be most
helpful if your comments addressed effects on navigation, fish
and wildlife habitat, aquatic life, recreation, water quality,
aesthetic beauty and protection of property.
Please send written comments to me at the State of Idaho
Department of Lands, 555 Deinhard Lane, McCall, ID 83638.
Sincerely,
TIMOTHY C. DUFFNER
Lands & Range Specialist
TCD/sk
Enclosure
KEEP IDAHO GREEN
PREVENT WILDFIRE
��L L C ��. F ' Q . s 2 - . 1 . f i 7 D C S C k .
AGREEMENT OF CONCESSION & LEASE
This AGREEMENT is made June _, 1995, by and between the CITY OF McCALL, an
Idaho municipal corporation hereinafter referred to as Lessor, and Kevin Donahue hereinafter
referred to as Lessee, in consideration of the premises and covenants and agreements below.
Background
1. Lessee and Lessor, in the public interest, wish boating facilities to be available at Payette
Lake, and Lessee desires to provide concession services to specifications acceptable to the
Lessor;
Agreements
2. Lessee is granted the right and privilege to operate and maintain an area within Art Roberts
Park, East Lake Street, McCall, designated by the Recreation Director in and through
which to conduct a concession for:
a. Keeping and letting out paddle boats and other boats propelled by human means for
use on Payette Lake; and
b. The sale of candies, confections, ice cream and soft drinks.
3. The term of this concession will commence on June 26, 1995, and end on September 30,
1995, both dates inclusive, unless renewed or terminated as herein provided. Lessee has a
five year option for renewal on or immediately after September 30, 1995, provided that
Lessor in good faith exercise of its judgment is satisfied that this Agreement has been
carried out by Lessee without violation of its terms and without unforeseen deleterious
effects upon Art Roberts Park and the public enjoyment of the use of the same.
4. In the event Lessee remains in possession of the concession after expiration of either the
original term or any renewal term, such possession will be as a month -to -month tenant.
During such month -to -month tenancy, lease payments will be payable at the same rate as
that in effect during the last month of the preceding term, and the provisions of this
Agreement will be applicable.
5. Lessee will pay to the Lessor percentage rent equal to an eight and one half percent
(8 1/2%) of the gross receipts from the conduct of the above concessions for each month
of each concession year from the inception of this Agreement through the end of its term
and of any renewal term. The term "gross receipts" means all receipts derived from the
operation of the concession, less sales tax, excise tax, exchanges, refunds, 10% for
insurance, and any discount coupons. The term "concession year" means a period of
twelve (12) calendar months, commencing October 1 and ending September 30 except that
the initial "concession year" pursuant to this agreement will be June 26, 1995 through
September 30, 1995, inclusive. The percentage rental will be paid monthly on or before
the tenth day of the month following each calendar month of each concession year. Lessee
will keep a single, accurate set of books and will furnish on or before each rental payment
date without further request of Lessor a statement of the gross receipts each day, and a
calculation of the rental payment; upon written request of Lessor, Lessee will additionally
furnish a verified statement setting forth the amount and calculation of gross receipts for the
period for which said statement is requested.
6. Lessee may install, maintain and operate such equipment, tasteful signs and facilities as are
necessary or convenient for operation of the concession, provided that such equipment,
signs and facilities are furnished and installed at the places or locations assigned and at the
expense of Lessee, and further in the case of signs and facilities subject sign by sign to
prior approval by the City Manager.
7. Prices of all products and services offered by Lessee in the operation of the concession will
be subject to review and authorization by the City Manager. Submission of proof of
product wholesale cost increases to the Council will be a basis for authorization of mid -
season sale price increases.
8. Lessee will indemnify and save and hold harmless Lessor from and for any and all losses,
claims, actions or judgments 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 concession operation. In addition, Lessee
shall maintain and specifically agrees that he will maintain throughout the term of this
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. Such minimums will be reviewed annually and
adjusted accordingly pursuant to any changes in Idaho Code 6-926. The limits of
insurance will not be deemed a limitation of Lessee's covenant 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 judgments for
damages or injuries to persons or property.
9. 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.
10. Lessee will keep and maintain the area within the operations of the concessions herein
granted in good, clean, and orderly condition and manner. Lessee will `police up' the
grounds of Art Roberts Park periodically as any litter arguably generated from Lessee's
products is deposited on the Park (to include also the beach area adjacent) and in any event
no less often that daily. Lessee will provide covered trash barrels and see to the emptying
of the same, whenever full and no less often than daily, in a lawful manner and at a lawful
location. Lessee shall ensure that broken glass does not remain in or on the Park or beach.
11. Lessee is granted as part of these concessions the sole right to rent paddle boats, canoes,
and rowboats from rental locations within City Parks of McCall. Lessee is aware that
Lessor does maintain public boat launching sites and that various other persons do rent
boats, canoes, and other watercraft for use on Payette Lake, and that the right to land boats
at City docks and beaches is subject to City ordinance. Lessee understands that the City
dock at Art Roberts Park is for public use on a limited time basis, that Lessee does not have
exclusive use of that dock, and that Lessee has no docking privileges beyond those
belonging to all members of the public at large.
12. Lessee will conduct his concession operation in a professional and businesslike manner
generating maximum utility from the resource for the benefit of the public and will make
every reasonable effort to promote good will and enhance the public's image of Payette
Lake.
13. All persons involved in the concession operation will wear a uniform consisting of a golf or
T-shirt style shirt of standardized color imprinted with the concession's logo. Caps and
pants are optional with lessee. Any souvenir items sold by Lessee shall not have such logo.
14. Lessee, in his use and operation of the concession herein granted, will not on the grounds
of race, color or national origin, discriminate against or permit discrimination as to any
person or group of persons in any manner. A noncompliance with such assurances will
constitute a breach of this Agreement.
15. If Lessee is in default or breach of any of the terms and conditions of this Agreement or
violates any statutes, ordinances or park rules and regulations and fails or refuses, after five
days written notice, to perform or correct the conditions constituting a breach or default,
then this Agreement will be deemed terminated and forfeited and all rights of Lessee will
thereupon be terminated.
16. This agreement constitutes the full and total agreement between the parties hereto.
17. In the event that any dispute arises between the parties hereto which results in legal action, the
prevailing party will be entitled to costs and attorneys' fees in accord with law and court rule.
18. Notices between the parties may be made by personal delivery or by United States mail,
postage pre -paid, 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 parries may subsequently designate by written notice given in the
manner provided in this section:
To Lessor:
To Lessee:
City Clerk
City of McCall
216 E. Park Street
P. O. Box 1065
McCall, ID 83638-1065
208-634-7142
208-634-3038 (facsimile)
Kevin Donahue
212 North 3d, No. 6
McCall, ID 83638
208-634-5789
208-888-2325 (facsimile)
Dated:
With a copy to:
City of McCall
City Attorney
City of McCall
216 E. Park Street
P. O. Box 1065
McCall, ID 83638-1065
208-634-7142
208-634-3038 (facsimile)
Al iEST: Dean A. Martens,
James H. Henderson
Clerk
Dated:
STATE OF IDAHO
Valley County
)
) SS:
)
Mayor
Kevin Donahue
On this day of , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared KEVIN DONAHUE, known or acknowledged to me to
be the person whose name is subscribed to the within and foregoing instrument and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day, month and year first above written.
Notary Public for Idaho
Residing at McCall, Idaho
My Commission Expires