PERMIT TERMS AND CONDITIONS
This Permit is hereby issued by the Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (“DCR”), having a principal place of business at 10 Park Plaza, Suite 6620, Boston, Massachusetts, 02116 to the Permittee above. DCR and the Permittee are each referred to as a Party to this Permit and are collectively referred to as the Parties to this Permit. WHEREAS, DCR has the authority to issue a Permit pursuant to Massachusetts General Laws Chapter 92 §§ 33 and 37, Chapter 132A §§ 2D & 7, and the rules and regulations promulgated thereunder, including Titles 302, 304 and 350 of the Code of Massachusetts Regulations and all other powers enabling, as applicable; and
WHEREAS, the Facility listed above and the area described in Exhibit A, attached hereto (hereinafter the “Premises”), is in the care, custody and control of DCR; and
WHEREAS, DCR publicly advertised a Request for Proposals (RFP _______ ) (“RFP”), to operate, manage and maintain a ski area at the Facility; and WHEREAS, the Permittee voluntarily responded to the RFP with a proposal seeking a permit for its skiing activities; and WHEREAS, the Permittee’s response, after careful consideration, was determined to be the best value to the Commonwealth and DCR; and NOW, THEREFORE, DCR hereby grants to the Permittee non-exclusive use of the Premises for such concession purposes subject to the following terms and conditions: 1. OPERATING SEASON a. The Permittee may operate on the Premises between Mid-December through March 31 st (“Operating Season”). [Note: The operating season may be extended at DCR’s discretion depending on DCR park operations.] Permittee shall operate concessions on the Premises at a minimum: Friday 10 AM–9 PM Saturday 8 AM–8 PM Sunday 8 AM–8 PM
Monday 1 –9 PM Tuesday 1 –9 PM Wednesday 1 –9 PM Thursday
10 AM–9 PM The Permittee may change this schedule due to inclement weather.
b. DCR may schedule events on or near the Premises during the Operating Season. The sponsors of DCR events and/or special event personnel may offer concessions or samples during such events. The Permittee shall accommodate such events.
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