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PARK CONCESSION POLICY ADOPTED: July 26th, 2022 PURPOSE To formalize the process and procedures related to concession operations within the City of Muskegon Park System. GOALS The City of Muskegon maintains this policy with the goals of: • Providing a variety of services to park visitors that could not be provided by other means • Meet the needs and wants of park users • Activate and engage our park spaces • Offer opportunities for small business to start and grow COVERED AREAS & APPLICABILITY This policy applies to any concession proposing to operate in the traditionally recognized city park system, with the following exceptions: • Hackley Park is excluded from this agreement and no concessions outside of approved special events are permitted to operate within Hackley Park. • This policy does not apply to Western Market, Muskegon Farmers Market, Trinity Health Arena, or any other areas which may contain similar operations but are not a part of the traditionally recognized city park system. • This policy also does not apply to “The Deck” restaurant which operates within Pere Marquette Park, to “Fisherman’s Landing” campground and boat launch, nor to the “Clippers” baseball facility that operates within Marsh Field, as all are under specific lease agreements and terms. • Concessions operating as a part of an approved special event or an approved sports league are exempt from this policy. This policy does apply to the few brick and mortar concession spaces located within the City Parks; currently the list of brick and mortar spaces is as follows, with future changes possible: • The designated concession space within the Pere Marquette Park Bathhouse • The Pere Marquette Park secondary building located south of the bathhouse • The Pere Marquette Park Chalet at the north end of the park 2 APPLICATION & AGREEMENT PROCESS Applications will be accepted year-round on the attached form. There is no fee associated with applying to be a concessionaire within the City Parks. If the application is approved, fees will be charged for the right to operate within the city park system as outlined below. Staff will review applications in accordance with this policy. Applications approved by staff will be presented to the Commission for consideration before adoption of the agreement. Once an application is approved by the City Commission, city and the concessionaire will enter into a formal agreement. General agreement terms attached to each agreement will be specifically crafted to match the agreed upon activities, fees, and services as allowable in this policy. Agreements shall be renewed annually, except that agreements within a designated brick and mortar space may be proposed for an extended duration, with the maximum length not to exceed 5 years. Returning operations for brick and mortar facilities in good standing shall be offered first right of refusal to renew their agreement for up to one renewal term of the same duration as the original term. When brick and mortar spaces become available or at the end of a renewal term the brick and mortar spaces will be offered as available through a request for proposal process. FEES & WAIVERS Concessionaire shall be obligated to pay the fees outlined in the agreement. The standard fee to operate a concession shall be set at $1,000/Year + 5% of gross receipts for any operation conducted within Kruse Park, Pere Marquette Park, Margaret Drake Elliot Park or Harbor Towne Beach, and $250/Year + 5% of gross receipts for any concession operating in any other park. Concession agreements proposed for a brick and mortar location as described above shall be set at $1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more. Revenue generated from concession operations shall be deposited in the City General Fund for support of park and recreation operations in the City. Fees for concessions may be waived by staff upon receipt of a “Concession Fee Waiver Application” at the same time as a concession application. Fee waivers will be evaluated according to the point system described on that form. 3 Return completed application to the following: City of Muskegon Public Works Department 1350 East Keating Avenue Muskegon, MI 49442 ► I. CONCESSIONAIRE BUSINESS / NON-PROFIT CONTACT ADDRESS PHONE EMAIL ► II. OPERATIONAL DESCRIPTION ACTIVITIES CONDUCTED (ATTACH PICTURES IF NEEDED) EQUIPMENT USED (ATTACH PICTURES IF NEEDED) REQUESTED LOCATION(S) ► IV. LIABILITY WAIVER 4 APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a claim or file a lawsuit against the City. ► V. REQUIREMENTS OF CONCESSIONAIRES 1. Applicant shall comply with all City of Muskegon Policies. 2. Applicant shall comply with all City of Muskegon Ordinances. 3. Applicant shall save the City of Muskegon harmless from all claims. 4. The appointed fees must be paid in full to the City prior to commencement of operations. 5. All required licenses and an insurance certificate listing the City as an additional insured party must be submitted before the agreement is signed and before commencing operations. 6. Applications denied by staff may be appealed to the City Commission for consideration. With my signature, I certify that I have read and agree to the City of Muskegon Park Concession Policy and all items listed on this application. I agree to abide by all applicable ordinances & regulations. ____________________________________________________________________________________ Signature of Applicant Date CITY STAFF USE ONLY: APPROVED / DENIED NAME/TITLE:_________________________________________________________ DATE:_____________ FEE:_________________ NOTES:______________________________________________________________ 5
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