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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AWARDING
CONCESSION AGREEMENTS TO WIND OVER WATER AND THE KITE SCHOOL
FOR KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS PARK FROM APRIL 1, 2025 THROUGH DECEMBER 31, 2027 WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2029; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONCESSION AGREEMENTS; AND AUTHORIZING
THE CITY MANAGER TO EXERCISE THE TWO OPTIONAL EXTENSIONS
CITY OF FOSTER CITY
WHEREAS, the City wishes to utilize the parks system to highlight Foster City parks as an amenity to draw people into the City; and
WHEREAS, the current Concession Agreements with Wind Over Water and the Kite School for Kiteboarding services at Baywinds Park expired on December 31, 2024; and
WHEREAS, Wind Over Water and the Kite School have provided a competitive proposal under which the City of Foster City will receive $1,000 per year concession fee and $500 per month for each month of operation; and
WHEREAS, the City charges a $1,000 annual concession fee and a $500 monthly fee for the use of City park property to the vendors to [partially] reimburse the City for its actual and reasonable costs to manage the agreements. Both The Kite School and Wind Over Water will operate from April 1 to October 31 each year, with each generating $4,500 in annual revenue for the City.
WHEREAS, the annual concession fee is not a tax imposed by the City because it is a charge imposed for the benefit conferred and privileges and services provided by the City. The monthly fee is not a tax imposed by the City because it is a charge imposed for the use of City property. (Please see California Const. Art 13c, §1(e)(1, 2, & 4).).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:
1. Adopt the foregoing recitals as true and correct and incorporates them herein to this Resolution;
2. Award Concession Agreements to Wind Over Water and the Kite School in a form approved by the City Attorney;
3. Authorize the Mayor to execute the Concession Agreements with Wind Over Water and the Kite School to provide kiteboard lessons, retail, rental and
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demonstrations at Baywinds Park; and
4. Authorize the City Manager to exercise each of the two optional year-long extensions to the term of the Agreements at his or her discretion, pursuant to the procedure contained in the Concession Agreements.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of February 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
STACY JIMENEZ, MAYOR
ATTEST:
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PRISCILLA SCHAUS, CITY CLERK