HomeMy Public PortalAbout2022.02.18 Concession Use Agree Payette Pedal PartyCONCESSION USE AGREEMENT
THIS CONCESSION USE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this 18 day of February, 2022 by and between the CITY OF MCCALL,
hereinafter referred to as "City, " and SARAH LENDA doing business as PAYETTE PEDAL PARTY,
hereinafter referred to as "Licensee", located at 327 E Lake St., McCall, ID. 83638.
WHEREAS, Cascade Cycleboats, located in Bend, OR, invented the human -powered pedal
vessel in 2011, steered by a captain and equipped with 10 pedal stations that passengers use to propel
the vessel forward, and a 60 hp outboard motor in case of emergencies and to help maneuver the vessel
in and out of tight spots; and
WHEREAS, Licensee desires to provide passengers a unique 90 minute charter experience to
pedal power their way across Payette Lake; and
WHEREAS, passengers will be allowed to bring their own beer, wine, and snacks; and
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"); and
WHEREAS, on January 27, 2022 the McCall City Council approved limited use of the City
Boat Ramp and designated beach areas by Licensee, from February 01, 2022 to December 31, 2025,
subject to the terms of this agreement.
NOW, THEREFORE, City and Licensee, agree as follows:
The term of this Use Agreement shall be from February 01, 2022 to December 31, 2025.
1. Licensee agrees to follow the terms set out in Licensee's proposal, attached as Exhibit A, to the
extent not inconsistent with the specific terms of this agreement, and to comply with all applicable
laws, including the McCall City Code, and agrees that its use of the City Boat Ramp and designated
beach areas is for a vessel 25 ft by 10 ft, is nonexclusive, shall not interfere with any other public use,
and shall be during daylight hours, with possible overnight berthing at a City dock if approved by the
City by separate agreement.
2. Licensee shall maintain regular hours of seasonal operation beginning on Memorial Day
weekend through the end of September of each year of this agreement, and the hours of daily operation
will not begin earlier than 10:00 a.m. and shall not end later than 10:00 p.m. of each day, Sunday
through Saturday. As coordinated with the McCall Parks and Recreation Director, Licensee may be
allowed to vary these hours of operation based on weather conditions and bookings.
3. This Agreement authorizes Licensee to conduct commercial activities as described in Exhibit
A and operate in areas with medium to high visibility to visitors as described in Exhibit A; provided,
however, Licensee will not conduct commercial activities or operate in the area just north of Mile High
Marina between the marina and through Brown Park.
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Concession Use Agreement
February 18, 2022
4. The negotiated fee for the Concession Agreement shall be an annual fee of 3% of Licensee's
gross revenue for each of the three (3) operating seasons of this agreement, which fee is subject to
annual review and renegotiation between the parties at the option of either party. Each annual fee is
payable as follows:
A 25% non-refundable deposit based on the projected gross revenue
for that operating season, payable on May 01 of each operating
season. Licensee will receive credit for such deposit against the full
annual fee for that operating season; and
on the 15`h days of July, August, and September for each operating
season, Licensee will provide to City a report showing Licensee's
gross revenue for the prior month. On October 15 of each operating
season, Licensee will provide to City its final report showing gross
revenue for the month of September, and any remaining portion of
the annual fee for that operating season shall be paid at that time.
5. City will provide space within public park for approved advertising Licensee's business for 1-
2 24" x 36" sandwich board signs so long as ADA accessibility is not impacted.
6. City will provide Licensee access to dump garbage in the McCall Parks and Recreation
Department dumpsters but not in small trash receptacles within parks and downtown sidewalks.
7. City will provide Licensee's passengers with use of the public bathroom facilities on an as
needed basis.
8. All boat instructions and safety awareness must be completed at Licensee's regular place of
business or on approved City Dock(s).
9. All personal watercraft instruction and safety awareness must be completed at Licensee's
regular place of business or on designated dock or beach areas.
10. When loading or unloading the vessel, the trailer will be parked in a designated trailer parking
areas located east of Municipal boat launch ramp as coordinated with the City of McCall or off -site,
and done in a timely manner.
11. All major repair work will be completed off City property.
12. Watercraft refueling will be done away from City beaches.
13. Public has primary use of the boat launch ramp, docks and beaches.
14. Pamphlets, brochures, and flyers will not be offered to the public, except when requested by a
member of the public.
15. All clothing worn by employees must clearly identify the individuals as employees of
Licensee.
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Concession Use Agreement
February 18, 2022
16. All vehicles used by the Licensee or their employees must display an identification tag or
sticker showing the vehicle is associated with Licensee.
17. 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 areas. Licensee shall not use the
City Boat Ramp or designated beach areas until the Certificate of Liability Insurance described herein
has been provided to the City of McCall.
18. 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
during the term of this agreement.
19. Either party may terminate this Agreement upon 90 days written notice.
20. 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 and other designated dock or beach areas,
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.
21. The City reserves the right to relocate the Licensee to other locations within City -owned
waterfront areas during the term of this agreement.
22. In the event an action is brought to enforce any of the terms or provisions of this agreement
or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party
to such action or collection shall be entitled to recover from the losing party a reasonable attorney
fee, together with such other costs as may be authorized by law.
The effective date of this agreement is the 18 day of February, 2022.
CITY OF McCALL PA TE PEDAL ' ARTY
By l /Q! /�a� By
Robert S. Giles, Mayor
Attest:
By
BessieJo Wagn r, City Cl
"CITY"
Concession Use Agreement
February 18, 2022
Sar. Len
"LICENSEE"
Page 3 of 5
STATE OF IDAHO
:ss
County of quaiei
On this 24 day of re.kory c - , , before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT S. GILES and BESSIEJO
WAGNER, the Mayor and City Clerk, respectively, of the CITY OF McCALL, known to me to
be the persons whose names are subscribed to the within instrument, and acknowledged to me that
they executed the same on behalf of the City of McCall and were authorized to do so.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
SARAH EDSON
NOTARY PUBLIC - STATE OF IDAHO
COMMISSION NUMBER 20200108
MY COMMISSION EXPIRES 1-10-2026
STATE OF IDAHO
:ss
County of \a(le4 )
Notary Public for Idaho
Commission Expires: 1— taw W Z G
On this 17 day of Fe..10 N.0tA,,t , V029,, before me, the undersigned, a
Notary Public in and for said State, personall appeared SARAH LENDA, known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
BESSIEJO WAGNER
COMM NO. 52467
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES: JULY 24, 2024
Notary Publifor Idaho
Commission Expires: `1/. 4' (1?
ja\W:\Work\M\McCall, City of 21684\Planning & Zoning\Payette Pedal Party \2022.02.11 Concessions Use Agreement.docx
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Concession Use Agreement
February 18, 2022
EXHIBIT A
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Concession Use Agreement
February 18, 2022
Exhibit A - Signage & Moorage Options
EXIS TING S HERIFFS DOCK
OPTIONAL
MOORAGE
LOCATIONS
(RED)
1:1,128
0 35 70
ART
ROBERTS
PARK
APPROVED SI
LOCATION
3/8/2022, 11:43:29 AM
Areas
Override 2
Parcel Summary & Improve ment Report
140 ft
0 10 20
Ma xar, Microsoft
40 m
City of McCall
Maxa r, M icrosoft I C ompiled by the Bure au of Land Management (BLM), National Operations Center (NOC), OC-530 . 1