Approved Agreements and Contracts 2023-11-14 Mac Kite Concessionaire 050124-043029

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                         CITY OF MUSKEGON
                    DEPARTMENT OF PUBLIC WORKS
                           1350 E. KEATING
                         MUSKEGON, Ml 49442


AGREEMENT made the \'jW\ day of             Nov , 2023, between the City
of Muskegon Department of Public Works, Muskegon, Michigan, hereinafter
called the City, and (name) Steve Negen, owner of MacKite Board Sports
Center , (phone number) (616) 607-9355 , (address} 16881 Hayes
Street ,(city, state, zip) Grand Haven, Ml 49417 , hereinafter called
Concessionaire, Business and/or Vendor.


1.    Activity: Concessionaire hereby agrees that it will operate a
      concession at Pere Marquette Park (in the beach Chalet), which is
      the property of the City of Muskegon. Concessionaire shall contract
      for and carry out and be responsible for all obligations thereunder for
      the place, suppliers, and advertising for the concession.
      Concessionaire shall apply for and pay premiums for insurance to fully
      protect the public, and the City, from any and all liability that may arise
      or be incurred as consequence of the concession. Concessionaire
      shall have such insurance in the amount of$ 1,000,000.00. A copy of
      the Certificate of Insurance naming the City as additional insured shall
      be supplied to the City. The certificate shall provide that no
      cancellation shall be effective without a 30 day notice to the City.

      (a.) Language on the insurance certificate shall read specifically:

      "The City of Muskegon, all elected and appointed officials, all
      employees and volunteers, all boards, commissions and/or authorities
      and board members, including employees and volunteers thereof; it is
      understood and agreed that by naming the City of Muskegon as
      additional insured, coverage afforded is considered to be primary and
      any other insurance the City of Muskegon may have in effect shall be
      considered secondary and/or excess".
2.   The Concession activity shall be limited to the following activity:
         Lessons on Wing Foil and Efoil equipment

     Also, the vendor is not allowed to conduct business within any special
     event "footprint" or within 50' of the Harris Group "footprint"
     (specifically the "Deck" restaurant) property and or within 50' of any
     other vendor as and/or stated in section #6 and #6(a) "Conditions"
     sections below unless allowed by the City.

     Additionally, if/when (depending on specific contract language) a
     vendor/concessionaire is operating at various park facilities then those
     specific locations/areas/facilities will need to be decided upon by and
     located at the direction of the City of Muskegon.

3.   Hold Harmless: Concessionaire shall indemnify, defend and save the
     City harmless from and against any and all claims, actions, damages,
     liability, attorney fees, and expense in connection with the loss of life,
     bodily injury and/or damage to property arising from any occurrence in
     or about the premises occupied or utilized by Concessionaire or any
     part thereof or resulting in whole or part from any
     intentional/unintentional or negligent act or omission of the
     Concessionaire, it's employees, invitees, licenses or contractors.

4.   Obligations: The City shall provide the following services for the
     Concessionaire: None at this time.

5.   Fee to City: One (1) month following the close of the concession, or
     by October 31 st , in any or all calendar year(s) of said contract and or
     as described in (a) below, Concessionaire will render an accounting of
     its activities to the City and at that time pay all fees/commissions/debts
     owed to the City of Muskegon.

     (a). Concessionaire shall pay the City $1,000Near + 10% of gross
     receipts or $2,500/Year, whichever is expected to be more and/or "in
     kind services" or a donation to a fund for Pere Marquette Park
     improvements, as determined by the City.

6.   Conditions: Concessionaire shall in no way obligate or change City
     properties, or charge City without its consent in writing, nor shall
     Concessionaire assign its rights or obligations hereunder without the
     written consent of the City. The Concessionaire understands that the
     City does not provide exclusivity with concession contracts, and that
other same or similar concessions could be within the above named

(a.)The location of the Vendor/Concession/Business may also need to
change its location or activities for special events within the property
and shall not operate within or during any special event and/or within
the designated "footprint" of said special event or on said "City"
property during a special event without the consent of the "City" and/or
event organization. Also, the Vendor/Concessionaire/Business shall
limit its location/activities to within 50 feet of any other
ConcessionNendor and/or any other set limits as set forth by the
"City". Furthermore, any current or existing Maintenance/Lease
Agreements within City Parks/Facilities and/or "Footprint" have the
option to negotiate to allow additional Vending/Concessions within its'
individual Park/Facility/Footprint or specified area(s), as outlined in
their individual contracts/agreements or "letter of understanding" with
the "City". The City shall have the final decision to allow such
agreements to be put in place.

(b.)The Concessionaire shall follow any and all CDC guidelines and
Social Distancing rules and regulations as set for by the State of
Michigan, County of Muskegon government agencies, City of
Muskegon authorities or any such rules or requirements that may
apply to operating as a Vendor/Concession/Business in the City of
Muskegon Parks facilities.

(~.)Both the Concessionaire and the City shall comply with all the laws
of the United States and the State of Michigan, all ordinances of the
City of Muskegon, and all rules and regulations of the Police and Fire
Departments, or other municipal authorities within the County of
Muskegon, and will obtain and pay all necessary permits and licenses
applicable to each, and will not suffer to be done anything during the
term of this agreement in violation of any such laws, ordinances, rules
or requirements.

(d.) The Concessionaire shall also comply with any paid parking rules
and regulations as set forth by the City of Muskegon and pay all fees
and fines associated with such during their duration of said contract.
7.    Terms: This agreement shall be and remain in force from
         May 1, 2024 until and including April 30, 2029,
      except that either party may cancel same by giving to the other thitiy
      (30) days' notice in writing.

IN WITNESS WHEREOF, the parties, by their duly authorized officers have
executed this agreement.


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