AMENDMENT THREE TO PLEASANT WATER SPORTS CMCA.PDF

AMENDMENT THREE
TO
COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
PLEASANT WATER SPORTS, LLC
C-30-11-037-3-04
RECITALS
This Amendment Three to Commercial Management Concessions Agreement (Amendment
Three) is entered into between Maricopa County, a political subdivision of the state of Arizona,
hereinafter referred to as “County,” and Pleasant Water Sports, LLC, hereinafter referred to as
“Concessionaire." County and Concessionaire are collectively referred to herein as “Parties.”
WHEREAS, a Commercial Management Concessions Agreement was entered into
between County and Arizona Outdoor Fun Rentals, LLC on March 16, 2011 (C-30-11-037-3-00),
as amended (Agreement) for the purpose of maintaining a commercial concession at Lake
Pleasant Regional Park (Park); and
WHEREAS, Amendment One to the Agreement (C-30-11-037-3-01) dated April 11 2012
exercised three (3) of the one (1) year renewal options and made other administrative corrections;
and
WHEREAS, Amendment Two to the Agreement (C-30-11-037-3-02) dated June 25, 2012
exercised three (3) of the one (1) year renewal options and expanded the scope of recreational
services to be available to the public, and made other administrative corrections; and
WHEREAS, on October 5, 2016, County approved the assignment of Arizona Outdoor
Fun Rentals, LLC to Pleasant Water Sports, LLC (C-30-11-037-3-03) (Concessionaire); and
WHEREAS, the County and the Concessionaire desire to exercise to the remaining
renewal options, expand the scope of recreational services to be available to the public and make
other administrative corrections; and
WHEREAS, the County and Concessionaire desire to enter into this Amendment Three
to the Agreement with the understanding that all other provisions of the Agreement not revised
herein shall remain in full force and effect.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration,
adequacy and sufficiency of which are hereby acknowledged, and mutual promises and
agreements of the Parties herein, it is agreed as follows:
I. INCORPORATION OF RECITALS
The recitals to this Amendment Three are hereby affirmed by the Parties as true and correct
and are incorporated in and made a part of this Amendment Three by this reference.
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II. TERM AND TERMINATION
Delete Section 2.4 – Term and Renewal Option, as amended, in its entirety and replace
with the following:
2.4 Term
The term of this Agreement will be from March 16, 2011 through December 31,
2022.
II. ACCOUNTING AND FEES
Delete Section 3.2.2 – Attendance and Revenue Statement in its entirety and replace with
the following:
3.2.2 Attendance and Revenue Statement.
A. An Attendance and Revenue Statement (a form mutually agreed upon
between the County and Concessionaire will be used to report participants
and gross revenue collected by the Concessionaire) will accompany the
fee payment. (See Exhibit 3.2.1 – Fee Reporting and Payment Schedule
and Exhibit 3.2.2 Attendance and Revenue Statement)
B. The Concessionaire will be required to pay the established park entrance
fee upon entry into the Park, unless in possession of Annual Pass.
Participants not entering the Park in the Concessionaire’s vehicle will be
required to pay the established park entrance fee, unless in possession of
Annual Pass. The Concessionaire’s Annual Pass is restricted and can only
be used in connection with operating the concession. This park entrance
fee is in addition to fees charged by the Concessionaire or that the
Concessionaire will be required to pay the County as part of this
Agreement.
III. GENERAL PROVISIONS
Delete Section 6.1.2 – Insurance in its entirety and replace with the following:
6.1.2 Insurance
The Concessionaire shall maintain the following insurance coverage:
A. General Liability Insurance, Products Liability, Liquor Liability: Two million
dollars ($2,000,000) per occurrence.
B. Additional insured status with an endorsement as broad as ISO Additional
Insured Endorsement CG20101185.
C. Vehicle Liability: One million dollars ($1,000,000) combined single limit for
all vehicles.
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D. Statutory Worker’s Compensation and Employer’s Liability of one million
dollars ($1,000,000) per accident, one million dollars ($1,000,000) per
disease and one million dollars ($1,000,000) disease policy limits.
E. Waiver of subrogation/recovery against the County to be included in all
policies.
F. Coverage must include environmental clean-up unless documentation is
provided by the Concessionaire that this is not available or feasible.
Delete Section 6.1.3 – Additional Requirements in its entirety and replace with the
following:
6.1.3 The County and the Bureau of Reclamation, (BOR) will be named as “additional
insured” under all policies of insurance with the exception of Worker’s
Compensation policy. Copies of all insurance policies or certificates thereof will be
made available to the County and BOR upon request. Copies of the Certificate of
Insurance (COI) will be furnished annually to the County and BOR. The County
and BOR will be given thirty (30) days advance written notice of cancellation of a
policy, non-renewal, or change in coverage or limits.
VII. EXHIBIT 4.1 – SERVICES AND FACILITIES
Delete Section 1. Required Services of Exhibit 4.1 – Services and Performance Standards
and replace with the following:
1. Required Services.
1.1 Motorized and non-motorized watercraft rentals to include on-site and off-
site transactions for use at Lake Pleasant (excludes Scorpion Bay). No
sales of any watercraft is permitted on-site.
1.2 Guided Tours to include Hiking and Biking, to include the on and off site
rentals of Bikes
1.3 All - Terrain Vehicles, Rhinos and equivalent off-road vehicle rentals
restricted to roads and trails as authorized by the Park Supervisor.
1.4 Pontoon Tours and Fishing Expeditions/Tours. The Concessionaire shall
be required, at Concessionaire expense, to obtain all required permits and
licenses necessary for any planned operations. Captaining of boats may
require Merchant Mariner Credentials issued by United States Coast
Guard.
1.5 Covered shade areas for use by the patrons of the Concession. The
Concessionaire will coordinate with the Park Supervisor as to location and
size of the shade structure(s) and as to items that may be stored under
them, i.e. tables, chairs, benches. The Concessionaire is responsible for
proper anchoring of the shade structures so as to be secure during wind
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and other inclement weather. The Concessionaire is responsible for any
permits that may be required from permitting authorities. The
Concessionaire is responsible for the repair of any damage done as a result
of the stakes used to anchor the shade structures.
1.6 Recreation vehicle (“RV”) rental.
A. Concessionaire may have RV’s available for rental by Park patrons.
The Concessionaire is responsible for the entering into a rental
agreement with the patron; the patron is responsible for the making
of all required camping reservations and payment of all required
camping fees.
B. Concessionaire’s RV’s rented by Park Patrons shall not be older
than ten (10) years from date of manufacturer; must be serviceable;
and must be in excellent condition (i.e. no fluid leaking, smoke
coming from exhaust pipes,) and appearance.
C. One (1) “representative” Concessionaire RV may be stored in the
vicinity of the mobile office (Tiki Hut) to enhance marketing
opportunities of the recreational service. The actual rental units
must be stored outside of the Park boundary. There will be no
Concessionaire’s RV’s stored, even on a temporary basis, within
the boundaries of Lake Pleasant Regional Park, with the exception
of the display unit.
D. Published Concessionaire’s RV rental fees will not differ from the
market rate at similar venues other than Lake Pleasant Regional
Park.
E. Provide adequate safeguards to ensure security of the RV that is
stored at the Tiki Hut. The County is not liable for loss or damage
caused to the RV.
F. The Concessionaire will have an established rental fee which will
be reported to the County per the required reports of which, from
that reported amount, fees due the County will be determined.
VIII. ADDITIONAL PROVISIONS
The Agreement is subject to termination pursuant to the provisions of A.R.S. § 38-511.
The foregoing provisions contain all the changes made by this amendment. All other terms
and conditions of the Agreement, as modified by subsequent amendments, remain in full
force and effect.
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