STATE OF NEVADA

Concession Lease

Tahoe Region - Nevada State Parks Sand Harbor Located in Washoe County, Nevada

TABLE OF CONTENTS CONCESSION LEASE

STATE OF NEVADA

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

NEVADA DIVISION OF STATE PARKS

NON-MOTORIZED GUIDED TOURS CONCESSION LEASE

SAND HARBOR NEVADA STATE PARK

Paragraph

1. Grant and Description of Premises

2. Condition of Premises

3. Term

4. Concession Fee (Lease Payment)

5. Use of Premises

6. Maintenance and Housekeeping

7. Signs, Advertising and Approval of Name

8. Quality of Service and Control of Rates and Charges

9. Hold Harmless Agreement

10. Liability Insurance

11. Workers’ Compensation Insurance

12. Insurance Liquidated Damages

13. Security

14. Taxes

15. Default by CONCESSIONAIRE

16. Termination for Cause – Prohibited Conduct

17. Default by PARKS

18. Surrender of the Premises, Holding Over

19. Attorneys’ Fees

20. Lease Notice

21. Interpretation of Lease

22. Waiver of Lease Terms

23. Modification of Lease

24. Assignments

25. Waiver of Claims

26. Agent for Service of Process

27. Terms Binding on Successors

28. Duration of Public Facilities

29. Time of Essence

30. Conflict of Interest

31. Photography

32. Nondiscrimination

33. CONCESSIONAIRE Representative

34. Employee Training

35. PARKS’ Representative

36. Park Employees

37. Resource Conservation

38. Water Pollution / Hazardous Substances

39. Force Majeure

40. Disabilities Access Laws

41. Agreement in Writing

42. Governing Law; Jurisdiction

Exhibit I State Solicitation or RFP #

Exhibit II Concessionaire’s Response

Char-Pit Sand Harbor, Inc. Concession Lease Agreement 4/30/10

Non-motorized Guided Tours Lease Agreement

CONCESSION LEASE

STATE OF NEVADA

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

NEVADA DIVISION OF STATE PARKS

SAND HARBOR

NON-MOTORIZED GUIDED TOURS

THIS LEASE AGREEMENT is made and entered into as of ____________, 2026, by and between the STATE OF NEVADA, acting through its Division of State Parks of the Department of Conservation and Natural Resources, hereinafter referred to as “PARKS,” and _______________________________, hereinafter referred to as “CONCESSIONAIRE.”

WITNESSETH THAT:

WHEREAS, PARKS is authorized pursuant to NRS 407.065(5) to enter into concession leases for services that enhance visitor use and enjoyment of Nevada State Parks; and WHEREAS, PARKS desires to provide non‑motorized guided tour services to visitors at Sand Harbor Nevada State Park in the Tahoe Region; and WHEREAS, CONCESSIONAIRE desires to lease designated premises and obtain the right to operate a non‑motorized guided tours concession in accordance with the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:

1. GRANT AND DESCRIPTION OF PREMISES: PARKS hereby grants to CONCESSIONAIRE, subject to the terms and conditions of this Lease, the non‑exclusive right to conduct non‑motorized guided tours within designated areas of Sand Harbor Nevada State Park, Tahoe Region.

The specific launch areas, staging areas, routes, and any temporary use areas shall be identified in an Operations Plan approved in writing by PARKS. PARKS reserves the right to modify approved areas as necessary for resource protection, public safety, or operational needs.

2. CONDITION OF PREMISES: CONCESSIONAIRE’s use of the Premises constitutes acknowledgment that the Premises are accepted in their existing condition and are suitable for the permitted uses.

3. TERM: The term of this Lease shall commence upon approval and shall terminate in December 2030, unless earlier terminated in accordance with the provisions herein.

Upon expiration or termination, CONCESSIONAIRE shall vacate the Premises and remove all personal property within thirty (30) days unless otherwise directed by PARKS.

4. CONCESSION FEE (Lease Payment): CONCESSIONAIRE shall pay to PARKS a concession fee equal to _____% of gross receipts derived from all guided tour operations conducted within Sand Harbor Nevada State Park.

Payments and reporting shall be submitted monthly on or before the 10th day of the following month, on a form approved by PARKS. PARKS reserves audit rights consistent with State policy.

5. USE OF PREMISES: The Premises shall be used solely for the operation of non‑motorized guided tours, consistent with the approved Operations Plan, Safety/Emergency Plan, and all applicable federal, state, and local laws.

Required Services CONCESSIONAIRE shall:

1. Provide guided non‑motorized watercraft tours to the public.

2. Supply all equipment necessary for tours, including kayaks, paddles, and U.S. Coast Guard‑approved personal flotation devices.

3. Ensure all guides are properly trained, experienced, and certified as required by PARKS.

4. Maintain a Safety and Emergency Response Plan approved by PARKS.

5. Comply with all park rules, environmental protections, and operational directives.

No additional services may be offered without prior written approval from PARKS.

6. MAINTENANCE AND HOUSEKEEPING: CONCESSIONAIRE shall keep all equipment and staging areas clean, orderly, and free of debris. CONCESSIONAIRE shall be responsible for litter generated by its operations.

7. SIGNS, ADVERTISING AND APPROVAL OF NAME: All signs, advertising, and promotional materials must receive prior written approval from PARKS and comply with park aesthetics and regulatory requirements.

8. QUALITY OF SERVICE AND CONTROL OF RATES AND CHARGES: CONCESSIONAIRE shall provide high‑quality services at reasonable and customary rates. All pricing schedules must be submitted to PARKS for approval prior to implementation.

9. HOLD HARMLESS AGREEMENT: CONCESSIONAIRE agrees to indemnify, defend, and hold harmless the State of Nevada, the Department of Conservation and Natural Resources, and the Division of State Parks from all claims arising out of CONCESSIONAIRE’s operations, except to the extent caused by the sole negligence of PARKS. All rights of PARKS pursuant to NRS 41.035 et. seq. are reserved.

1. Defense costs are included in the limits expressed above.

2. Coverage shall be on an occurrence basis and shall be at least as broad as ISO form CG 00 01 (or a substitute form providing equivalent coverage); and shall cover liability arising from Premises, operations, independent contractors, completed operations, personal injury, products, civil lawsuits, Title VII actions and liability assumed under an insured contract (including tort liability of another assumed in a business contract).

B. General Requirements.

1. Additional Insured: By endorsement to CONCESSIONAIRE’S commercial general liability policy, The State of Nevada, its Division of State Parks, its officers, employees, and immune contractors as defined in NRS 41.0307 shall be named as additional insureds for all liability arising from the lease agreement.

2. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as to all additional insureds.

3. Approved Insurer: Each insurance policy shall be: (a) issued by insurance companies authorized to do business in the State of Nevada or eligible surplus insurers acceptable to PARKS and having agents in Nevada upon whom service of process may be made, and (b) currently are rated by A.M. Best as “A-VII” or better.

a. Certificate of Insurance: The Accord 25 Certificate of Insurance or a form substantially similar must be submitted to PARKS to evidence the insurance policies and coverages required of CONCESSIONAIRE.

b. Additional Insured Endorsement: An original Additional Insured Endorsement (ISO form CG 20 10), signed by an authorized insurance company representative must be submitted to PARKS, by attachment to the Certificate of Insurance, to evidence the endorsement of the State as additional insureds.

c. Policy Cancellation Endorsement: Except for ten days notice for non-payment of premium, each insurance policy shall be endorsed to specify that without thirty (30) days prior written notice to the State of Nevada, the policy shall not be canceled, non-renewed, or coverage and/or limits reduced or materially altered, and shall provide that notices required by this paragraph shall be sent by certified mail to PARKS. A copy of this endorsement must be attached to the Certificate of Insurance.

d. Review and Approval: Documents specified above must be submitted for review and approved by PARKS prior to the commencement of the CONCESSIONAIRE’S season. Neither approval by PARKS nor failure to disapprove the insurance furnished by CONCESSIONAIRE shall relieve CONCESSIONAIRE of its full responsibility to provide the insurance required by this lease agreement. Compliance with the insurance requirements of this lease agreement shall not limit the liability of CONCESSIONAIRE, its employees, or agents to PARKS or others, and shall be in addition to and not in lieu of any other remedy available to PARKS under this lease agreement. PARKS reserves the right to request and review a copy of any required insurance policy or endorsement to assure compliance with these requirements.

D. The State of Nevada, Department of Conservation and Natural Resources, Division of State Parks, is not liable for the payment of any premiums, deductibles, or assessments of this policy purchase by CONCESSIONAIRE.

11. WORKERS’ COMPENSATION INSURANCE: CONCESSIONAIRE shall provide workers’ compensation insurance to cover its paid employees and insurance similar to worker’s compensation to cover any volunteer workers. Such insurance shall not be canceled or coverage reduced without the insurance carrier first giving thirty (30) days written notice to PARKS.

CONCESSIONAIRE shall purchase employees compensation insurance as required by NRS Chapters 616 and 617. A certificate evidencing coverage shall be filed with PARKS.

12. INSURANCE LIQUIDATED DAMAGES: CONCESSIONAIRE acknowledges that allowing the required insurance to expire or otherwise terminate will cause PARKS to incur costs and significant risks not contemplated by this lease, the exact amount of which will be difficult to ascertain. These costs include, but are not limited to, administrative costs and other expenses necessary to ensure continued performance of services for the public and protection of the Premises. Accordingly, if CONCESSIONAIRE allows the required insurance, to expire or otherwise terminate CONCESSIONAIRE shall pay to PARKS an amount equal to twenty-five hundred dollars ($2,500). The parties agree that this charge represents a fair and reasonable estimate of the costs PARKS will incur. Acceptance of this charge by PARKS shall not constitute a waiver of CONCESSIONAIRE'S default, nor prevent PARKS from exercising the other rights and remedies available to it under this lease or applicable law, including the right to terminate this lease and seek the payment of damages.

13. SECURITY: CONCESSIONAIRE shall be responsible for their own security throughout the lease period and for locking and securing all equipment/facilities at the end of each business day. No money beyond a minimal change and start-up fund will be maintained on the premises after operating hours and overnight.

14. TAXES: CONCESSIONAIRE agrees to pay all lawful taxes, assessments or charges due during the term of this lease which may be levied by the State, County, City or any other tax or assessment levying body upon interest in this lease which CONCESSIONAIRE may have in or to the Premises covered hereby or the improvements thereon by reason of its use of occupancy thereof or otherwise, as well as all tax assessments and charges on equipment and property owned by CONCESSIONAIRE on or about said Premises. CONCESSIONAIRE will comply with the terms of NRS 361.157 and NRS 361.159 and hereby acknowledges its obligations under same.

Any designated assignee, as provided for herein, shall take and operate the concession under the same terms and conditions as those set forth herein, except for requirements that have already been performed and are no longer applicable. However, CONCESSIONAIRE shall not be relieved of obligations incurred. An assignment of the contract pursuant to the terms hereof shall not cause the contract to terminate and shall not work as a merger.

17. DEFAULT BY PARKS: PARKS shall not be in default of the performance of any obligation required of it under this lease unless and until it has failed to perform such obligation for more than thirty (30) days after written notice by CONCESSIONAIRE to PARKS specifying the alleged default and the applicable lease provision giving rise to the obligation. However, if the nature of PARKS' obligation is such that more than thirty (30) days is required for its performance, then PARKS shall not be deemed in default if it shall commence performance within such 30‑day period and thereafter diligently prosecute the same to completion.

19. ATTORNEYS FEES: CONCESSIONAIRE shall reimburse PARKS on demand for all reasonable attorney fees (including attorneys fees incurred in any bankruptcy or administrative proceeding or in any appeal) and expenses incurred by PARKS as a result of a breach or default under this lease. If CONCESSIONAIRE becomes the prevailing party in any legal action brought by PARKS, CONCESSIONAIRE shall be entitled to recover reasonable attorney fees and expenses incurred by CONCESSIONAIRE and need not reimburse PARKS for any attorney fees and expenses incurred by PARKS.

20. LEASE NOTICE: Other than the fee(s) noted in Paragraph 4 (“Concession Fee”), any notices to be given by either party pursuant to this lease may be served by delivering the same to the party or parties at the addresses listed below, or by mailing the same by registered or certified mail. The names and addresses are as follows:

To CONCESSIONAIRE at:

When notice is given by mail, it is deemed as of the day of mailing.

The address to which notices shall or may be mailed as aforesaid by any party, shall or may be changed by written notice given by such party to the other as herein before provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

21. INTERPRETATION OF LEASE: This lease is made under and is subject to the laws of the State of Nevada in all respects as to interpretation, operation, effect and performance. The enforceability, invalidity or illegality of any provision of this agreement shall not render any other provision unenforceable, invalid or illegal.

22. WAIVER OF LEASE TERMS: No waiver by any party at any time of any of the terms, conditions or covenants of this lease shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of PARKS to reenter the Premises or to exercise any right, power, privilege or option arising from any default, nor any subsequent acceptance of fee then or thereafter accrued shall impair any such right, privilege or option or be construed as a waiver of such default or a relinquishment of any right or acquiescence therein. No notice to CONCESSIONAIRE shall be required to restore or revive time as of the essence after the waiver by PARKS of any default. No option, right, power, remedy or privilege of PARKS shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options, and remedies given to PARKS by this lease shall be deemed cumulative.

23. MODIFICATION OF LEASE: Notwithstanding any of the provisions of this lease, the parties may hereafter, by mutual consent, agree to modification thereof or additions thereto in writing that are not forbidden by law. PARKS shall have the right to grant reasonable extensions of time to CONCESSIONAIRE for any purpose or for the performance of any obligation of CONCESSIONAIRE hereunder.

25. WAIVER OF CLAIMS: CONCESSIONAIRE hereby waives any claim against PARKS, its officers, agents or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this lease, or any part thereof or by any judgment or award in any suit or proceeding declaring this lease null, void or voidable or delaying the same or any part thereof from being carried out.

26. AGENT FOR SERVICE OF PROCESS: It is expressly agreed and understood that if CONCESSIONAIRE is not a resident of this State or is an associate or in partnership without a member or partner resident of this State, or is a foreign corporation, than in any such event, CONCESSIONAIRE shall file with PARKS, upon its execution of the lease, a designation of a natural person residing in the State of Nevada, giving their name, residence and business address, as its agent for the purpose of service of process in any court action between it and PARKS arising out of or based upon this lease, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon such CONCESSIONAIRE; and it is further expressly agreed, covenanted and stipulated that if for any reason service of such process upon agent is not possible, then in such event CONCESSIONAIRE may be personally served with such process out of this State and that such service shall constitute valid service upon such CONCESSIONAIRE; and it is further expressly agreed that CONCESSIONAIRE is amenable to the process so served, submits to the jurisdiction of the court so acquired, and waives any and all objection to protest thereto.

27. TERMS BINDING ON SUCCESSORS: All the terms, covenants and conditions of this lease shall inure to the benefit of and be binding upon the successor and assigns of the parties hereto. The provisions of this section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth.

28. DURATION OF PUBLIC FACILITIES: By entering into this lease, PARKS makes no stipulation as to the type, size, location, or duration of public facilities to be maintained at this unit, or the continuation of PARKS management thereof.

29. TIME OF ESSENCE: Time shall be of the essence in the performance of this lease.

30. CONFLICT OF INTEREST: CONCESSIONAIRE warrants and covenants that no official or employee of PARKS nor any business entity in which an official or employee of PARKS is interested; (1) has been employed or retained to solicit or aid in the procuring of this lease; (2) will be employed in the performance of this lease without the immediate divulgence of such fact to PARKS. In the event PARKS determines that the employment of any such official, employee or business entity is not compatible with such official's duties as an official or employee of the State of Nevada, CONCESSIONAIRE upon request of PARKS, shall terminate such employment immediately. For breaches or violations of this paragraph, PARKS shall have the right both to annul this lease without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity.

31. PHOTOGRAPHY: PARKS may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities, for the use of said Premises for such purposes when such permission shall not interfere with the primary business of CONCESSIONAIRE.

32. NONDISCRIMINATION: CONCESSIONAIRE and its employees shall not discriminate because of race, religion, color, ancestry, sex, age, sexual orientation, national origin or against any person by refusing to furnish such person any accommodation, facility, service or privilege offered to or enjoyed by the public. Nor shall CONCESSIONAIRE or its employees publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age or national origin.

33. CONCESSIONAIRE REPRESENTATIVE: CONCESSIONAIRE shall have a competent person in charge of operations who shall be on the Premises at all times while the concession is in operation. If the on-site manager(s) are other than CONCESSIONAIRE, PARKS reserves the right to approve such manager.

CONCESSIONAIRE and its manager(s) shall require employees to exercise courtesy and consideration in relation to public. CONCESSIONAIRE shall review the conduct of any employee whose activities are considered by CONCESSIONAIRE, his/her managers, or PARKS to be inconsistent with proper operations of the area and shall take such action necessary to correct the situation.

A list of all employees will be provided to PARKS and updated on a continuing basis within 24 hours of a change in employee status.

CONCESSIONAIRE’S employees shall wear a logo marked shirt and nametag at all times, so that customers and park visitors can recognize their association with the concession.

34. EMPLOYEE TRAINING: All CONCESSIONAIRE employees are to receive an orientation to the State Park system, Sand Harbor Nevada State Park, and local points of interest which will be sufficient to permit such employees to reply adequately to inquiries from the visiting public. The training program is subject to approval by the Park Supervisor.

CONCESSIONAIRE shall select, train, and supervise its employees in a manner consistent with a high quality, service-oriented business. CONCESSIONAIRE and CONCESSIONAIRE’S employees shall be hospitable and courteous in their relations with customers, other members of the general public utilizing any aspect of the Park unit and/or concession, and representatives of the PARKS.

35. PARKS REPRESENTATIVE: For purpose of this lease, the "Park Supervisor" is the PARKS representative in direct charge of Sand Harbor Nevada State Park. He is charged with day-to-day administration of this lease and is the CONCESSIONAIRE'S initial contact with PARKS for information, lease performance and other problems that might arise. In the absence of the Park Supervisor, the Park Ranger in charge of Sand Harbor or other designated person may fulfill the duties of the Park Supervisor in fulfilling the terms of this lease. The Park Supervisor has the authority for all Park related decisions under this lease agreement. All questions on this lease, including responsibilities, or interpretation pursuant to the lease, should be addressed to the Park Supervisor.

The Concession Manager shall be responsible for all historical, fiscal, and administrative requirements related to this lease, to insure and enforce compliance with the terms of the concession contract, and to maintain records and documentation related to the concession lease. All financial and reporting requirements are to be through the Concession Manager.

Any problems, disputes, or concerns relating to this lease that cannot be resolved through either the Park Supervisor and/or Concession Manager may be appealed to the PARKS Division Office.

36. PARK EMPLOYEES: Employees of the State of Nevada and the Nevada Division of State Parks may not receive CONCESSIONAIRE goods or services at a discount unless it is in connection with official business and is to PARKS’ advantage. However, employees may accept reduced rates or discounts offered by the CONCESSIONAIRE when those same reduced rates or discounts are available to the general public.

Nevada State Park employees may not solicit, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from CONCESSIONAIRE or from other persons who conducts operations with the Division. This section directly includes the sale on account to any employee of the Division, all transactions between CONCESSIONAIRE and PARKS’ employees shall be on a cash basis.

37. RESOURCE CONSERVATION:

Erosion Control/Water Quality/Environmental Sensitivity: The CONCESSIONAIRE shall comply with all requirements set forth by various oversight agencies that have jurisdiction and oversight authority relating to the Premises and surrounding properties, including, but not limited to, erosion control, water quality and environmental sensitivity standards.

38. WATER POLLUTION/HAZARDOUS SUBSTANCES: CONCESSIONAIRE shall comply fully with all Federal, State, and local regulations and laws concerning water pollution or the discharge of refuse, garbage, sewage, industrial waste, oil, salts, or any other pollutant. In addition, no goods, merchandise or material shall be kept, stored, or sold in or on said Premises which are in any way explosive or hazardous which in any way could injure said Premises, surrounding area, or the public. Nothing in this paragraph shall preclude CONCESSIONAIRE from bringing, keeping, or using on or about said Premises such materials or supplies as are necessary and appropriate for carrying out services provided for in this concession agreement.

39. FORCE MAJEURE: Neither party shall be deemed to be in violation of this lease if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the lease after the intervening cause ceases.

40. DISABILITIES ACCESS LAWS: With regard to all facilities, operations and activities that are the responsibility of CONCESSIONAIRE under this lease, and without limiting CONCESSIONAIRE’S responsibility under this lease for compliance with all laws, CONCESSIONAIRE shall be solely responsible for complying with the requirements of the Americans With Disabilities Act of 1990 (“ADA”) [Public Law 101-336, commencing at Section 12101 of Title 42, United States Code (and including Titles I, II, and III of that law)], the Rehabilitation Act of 1973, and all related regulations, guidelines, and amendments to both laws.

41. AGREEMENT IN WRITING: This concession lease contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally, or by any agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by PARKS and CONCESSIONAIRE, or their successors in interest.

42. GOVERNING LAW; JURISDICTION: This lease and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law that would require the application of the law of any other jurisdiction. The parties consent to the exclusive jurisdiction of and venue in the First Judicial District Court, Carson City, Nevada for enforcement of this lease and consent to personal jurisdiction in such court for any action or proceeding arising out of this lease.

REQUIRED SIGNATURES

This Lease Agreement shall not be considered binding until all approving signatures have been obtained.

APPROVED: APPROVED:

Date:

APPROVED as to Form:

State of Nevada Attorney General

By:

Deputy Attorney General

Date:

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