CMCA AMEND 1 MCPARKS & CLIFF CREEK OUTFITTERS.PDF

AMENDMENT ONE
TO
COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CLIFF CREEK OUTFITTERS, INC. DBA DESERT VOYAGERS
RECITALS
WHEREAS, a Commercial Management Concessions Agreement ("Agreement") was
entered into between Maricopa County, herein after referred to as "County" and Cliff Creek
Outfitters, Inc. dba Desert Voyagers, herein after referred to as "Concessionaire" on March 27,
2012 (C-30-13-014-M-00); and
WHEREAS, the County and the Concessionaire desire to expand the scope of
recreational services to be available to the public; and
WHEREAS, the County and Concessionaire desire to enter into this Amendment One
("Amendment") to the Agreement with the understanding that all other provisions of the
Agreement shall remain in full force and effect.
NOW THEREFORE, in consideration of the foregoing and other valuable considerations,
County and Concessionaire hereby agree as follows:
I. INCORPORATION OF RECITALS
The Recitals set forth above are hereby incorporated into this Agreement.
GENERAL TERMS
Delete 1.1 General Terms, Scope in its entirety and replace with the following:
1.1 Scope
The County hereby grants the Concessionaire the right to manage, operate, and
maintain guided kayak and standup paddle board based tours, from the waters of
Lake Pleasant, within the Maricopa County Park System ("Park System") subject
to the terms of this Agreement. For purposes of this Agreement, the Park
System consists of the following park: Lake Pleasant Regional Park. (See
Exhibit 1.1 — Regional Park System). No changes or modifications to the
Concession and this Agreement are allowed without the concurrence of the
County in writing.
IL EXHIBIT 4.1 — SERVICES AND FACILITIES
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Delete Exhibit 4.1 — Services and Facilities to the Agreement in its entirety and replace
with the following:
EXHIBIT 4.1 —SERVICES AND FACILITIES
Exhibit 4.1 is designed to identify required services, facilities, amenities or maintenance
requirements for the Concession. There will be no additional services or products dispensed
other than stated in this Exhibit.
Concession Description: Provide guided kayaking and standup paddle board tours at Lake
Pleasant, located within the Maricopa County Regional Parks.
The Concession can be located in the areas designated by the respective Park Supervisor at
the following Park: Lake Pleasant Regional Park. The Concessionaire shall be responsible for
coordination of events with Park Supervisor. The Park Supervisor will accommodate dependent
upon availability.
1. The Concessionaire is responsible for obtaining all required licenses, permits and
certificates; The Concessionaire is responsible for the filing of all tax-related documents
and payment of fees thereof.
Services Overview (Concept):
A. Service to be provided and period on-site: guided tours and team building activities
focused around kayaking and standup paddle boards, consisting of Desert Voyagers
guides and their guests. Desert Voyager is a service provider to local resorts and
Arizona visitors and operates a business offering guided kayaking and standup
paddle board tours throughout Arizona.
B. Guided kayak and standup paddle board tours will be restricted to designated areas
on the waters of Lake Pleasant. The Concessionaire is required to pay the Park
Entrance Fee unless in possession of an annual pass for Lake Pleasant Regional
Park. The Concessionaire's Annual Pass is restricted and can only be used for
official Concessionaire business. Users of the Concession will be required to pay the
Park Entrance Fee upon each entry to the Park unless in possession of a valid
annual pass for Lake Pleasant Regional Park.
C. Product Dispensed: Guided kayak and standup paddle board tours.
D. Equipment to be brought on site: All equipment necessary for conduct of the event,
such as but not limited to, kayaks, standup paddle boards, life jackets and all other
necessary safety gear.
E. Proposed Site Improvements: None.
F. Utilities Required: None.
G. Additional Facilities required or to be provided by Parks: None.
H. Additional Amenities required or to be provided by Parks: None.
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3. Park Support Requirements/Impact Fees.
A. Traffic Control Plan/Barricades/Traffic Cones: None.
B. Signage in Support of Concession: None.
C. Physical Space Required (Square Foot) for Concession: No fixed space required.
4. Maintenance Responsibilities.
A. The Concessionaire is responsible for the providing of trash receptacles and the
removing of trash and receptacles at the end of the event. The Park Supervisor
may increase the frequency of trash being emptied.
B. Tables, eating areas, shaded areas, Concession area, etc. will be kept clean,
neat and sanitary at all times.
C. The Concessionaire is authorized to set-up temporary structures/canopies, not to
exceed 10'x10', for use during the event or Concession operations. The
Concessionaire will coordinate with the Park Supervisor as to location. Set-up
will not occur before the start of each day's event or activity or as coordinated
with the Park Supervisor. Temporary structures will be removed upon
completion of the event or each day's operations. The Concessionaire is
responsible for proper staking, etc. to preclude the temporary structure/canopy
being blown down in event of wind or inclement weather. Stakes will not exceed
six (6) inches in length. The Concessionaire is required to identify and obtain all
necessary permits from the appropriate permitting agencies for use of the
temporary structures/canopies.
6. The Concessionaire shall comply with all requirements, applicable rules, guidelines and
standards pertaining to such areas as equipment maintenance, food storage, etc related to
the Concession.
7. Restricted (Not Authorized) Services.
A. Sailing, fishing and pleasure boat/pontoon/houseboat rentals and sales. No
kayak or standup paddle board rentals or sales at Lake Pleasant.
B. Items currently identified or to be identified that through contractual arrangement
with the Scorpion Bay Marina, Maricopa County Parks and Recreation
Department concessions that would create unfair competition or that would be in
violation of said agreements. The intent of this restriction is to coordinate the
providing of recreational services and products not to unduly restrict. Desire of
the Concessionaire to introduce new recreational services or products will require
written approval of the Park Supervisor.
C. Sale of products containing alcohol.
D. Selling of food, on land or water, in the vicinity of Scorpion Bay Marina at Lake
Pleasant.
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DATED this day of -t-LIVIA.,0,1-- , 2014.
MARICOPA COUNTY Cliff Creek Outfitters, Inc.
BOARD OF SUPERVISORS dba Desert Voyagers
6)-10cl
Chairman Date By: Date
ATTEST
Clerk of the Board Date
Approved as to Form:
Attorney for Maricopa County Date
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