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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. Page 1 of 5 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. Page 2 of 5 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 Page 4 of 5 Concession Use Agreement February 18, 2022 EXHIBIT A Page 5 of 5 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