Item Text

70. TERMINATION OF USE MANAGEMENT AGREEMENT WITH CAPTAIN ZIPLINE, LLC Approve the termination of the Use Management Agreement between Maricopa County and Captain Zipline, LLC (Concessionaire) for the Development, Operation, Management and Maintenance of a Zipline Concession within Estrella Mountain Regional Park and Lake Pleasant Regional Park (C-30-12-009-3-00) dated September 28, 2011 (Agreement) and delegate authority to Director of Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide written notice to Concessionaire of termination. The Agreement authorized the Concessionaire to develop, operate, manage, maintain a zipline concession within the Maricopa County Regional Park System. Termination will be effective as of June 30, 2020. This unilateral termination by the County is authorized by Agreement Section 2.6 for cause, as the Concessionaire was unable to develop the property for a zipline at Estrella or Lake Pleasant, due to previously unforeseen land restrictions and higher than expected environmental assessment costs. The Concessionaire and its employees, agents, officers, directors, members, successors, or assigns have waived any and all rights to bring any claim against the County or its employees, agents, officers, directors, members, successors or assigns from or relating in any way to the County’s termination of this Agreement pursuant to this Section 2.6. All activities for this concession is in Supervisory Districts 4. (C-30-12-009-3-01)