IV.4. Use Agreement – The Hopkins Farmers Market; ElverumApril 21, 2020 Council Report 2020-023
USE AGREEMENT – THE HOPKINS FARMERS MARKET
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Use Agreement
between the City of Hopkins and the Hopkins Farmers Market.
With this motion, the Hopkins Farmers Market will open for the 2020 season on June 20, 2020.
Overview
The Hopkins Farmers Market is entering its 34th season in Downtown Hopkins. Details
regarding operation of the Farmers Market are detailed in the Use Agreement. It will once
again be located in the southern portion of Lot #300. The northern portion of the lot will remain
open for parking.
The Farmers Market will operate Saturday mornings, 7:30 am to noon, June 20th through
October 31st, except during the Raspberry Festival when the market will operate on the Artery
subject to approval of a separate Special Events permit.
One change to the agreement this year is the ability of the Farmer’s Market to park their trailer
in Lot #300 during the term of the market, with the condition it will be moved during the
Raspberry Festival week. They have requested this for the sake of logistics. Staff has
reserved the right, through the Use Agreement, to require the trailer moved if it is determined
that it is not in the best interest of the City but otherwise gives them permission.
Primary Issues to Consider
The Hopkins Farmers Market is well-established and has a long history with the City of
Hopkins. The Market brings many visitors to Hopkins, provides for fresh produce and helps to
strengthen the social community in Hopkins. Because of these community benefits, staff is
supportive of the use of Lot #300.
Attachments
• Farmer’s Market Use Agreement
____________________________
Kersten Elverum
Director of Planning & Development
Financial Impact: $0 Budgeted: Y/N _N___ Source: Related Documents (CIP, ERP,
etc.): Excess TIF
USE AGREEMENT
THIS USE AGREEMENT (“Agreement”) is made the 21st day of April, 2020, (the
“Effective Date”) by and between the CITY OF HOPKINS, a Municipal Corporation ("City"),
located at 1010 First Street South, Hopkins, Minnesota 55343, and THE HOPKINS FARMERS
MARKET, a non-profit association ("Growers") located in c/o Gwen Smith, 10091 Pilgrim Way,
Maple Grove, MN 55369.
WHEREAS, Growers is an association of individuals who produce fruits, vegetables, and
other grown products and hand-crafted items, which are sold to the general public at open-air
markets;
WHEREAS, both parties desire that Growers operate a Farmers Market in the City, in
order to provide an opportunity to sell Growers’ products and afford the City and its residents
opportunities for civic engagement and commerce.
NOW, THEREFORE, in consideration of the mutual benefits received by both parties, it
is agreed:
1. The City will grant Growers exclusive use of the south portion of Public Parking Lot #
300, as shown on the attached Exhibit A in dashed lines.
(“Use Area”) to operate a Saturday Farmers Market (“Farmers Market”) (i.e., erect stands and
sell products to the general public), as permitted herein.
2. The Farmers Market shall be subject to the following:
a. For each Saturday operation of the Farmers Market, the City will provide
blockades for Growers for the purpose of demarcating the Use Area. Growers
shall place them where needed and remove and stack them neatly at the end of
each sale day for the City to pick up.
b. Growers shall be authorized to arrange for and direct the locations of no
more than two Food Trucks to operate at any one time within the Use Area while
the market is open to the public as set forth in this Agreement. Per City Policy 5-J
Mobile Food Units, Section 8.03, event organizers are required to provide the City
with a list of all mobile food unit vendors that will be at any event(s).
c. The Growers shall ensure any and all Food Trucks operating at the market
to meet all state licensing and other requirements and regulations that are applicable
to them.
3. The right to utilize the Use Area for the Farmers Market shall commence on June 20, 2020,
and shall terminate on October 31, 2020; in addition, Growers shall have the right to utilize
the Use Area pursuant to Paragraph 5 (“Term”).
4. The operation of a Farmers Market in the Use Area is also subject to the following
conditions:
a. The operation of a Farmers Market is limited to Saturdays between the
hours of 7:30 a.m. and noon, with the exception of July 18, on which date the City
does not permit operation of a Farmers Market at the Public Parking Lot #300
location. On July 18 the Farmers Market may operate on 8h Avenue between 1st
Street South and Mainstreet (the Artery), subject to approval of a separate Special
Events permit.
b. The Growers shall furnish appropriate refuse containers, as required by the
City, and remove refuse and other waste material after each Farmers Market.
c. The Growers shall provide a market manager to represent Growers on the
site during each Farmers Market. Said manager or someone designated by him
shall be responsible for all advertising, administrative activities, promotions, and
communications with the City and the general public concerning sale activities.
d. Growers shall be responsible to ensure that its operation of a Farmers
Market is in compliance with, at all times, local, state and federal rules and
regulations.
5. In addition to the term for the operations of a Farmers Market described above, the City
grants Growers the additional right to distribute pre-ordered turkeys at the Use Area on
Tuesday, November 24, 2020, from 2 p.m. to 6 p.m., subject to all terms and conditions
described herein.
6. The City of Hopkins will allow the market trailer (license # MN ABSJ268) to be parked in
the lot during market season (Mid-June thru October) using one parking space, location to
be approved by City Staff. The trailer will be moved out of Lot #300 during the week of
the Raspberry Festival. The Growers agree to move the trailer at any other time the City
requests it to be moved. The City assumes no responsibility for the trailer.
7. Growers may not sub-lease or otherwise assign this Agreement. This Agreement shall not
be deemed an approval for any other permits or approvals required by the City and/or any
other governmental entity for the operation of the Farmers Market.
8. Growers shall indemnify, defend, and hold the City, and its respective officers, employees,
and agents, harmless from and against any and all losses, claims, actions, and expenses that
may arise from or out of the activities conducted or carried on by Growers directly or
indirectly in any respect whatsoever related to the Growers operation of a Farmers Market
within the Use Area.
9. Growers shall provide the City with a Certificate of Liability Insurance, effective at a
minimum, from during the Term, with a minimum coverage of the City’s statutory tort
liability, which is currently $1,500,000.00, and making the City an additional insured. The
sufficiency of the Certificate of Liability Insurance is subject to review and approval by
City Staff. The above-mentioned Certificate of Liability Insurance must be submitted to
the City, on a form approved by the City, prior to the commencement of the operation of a
Farmers Market within the Use Area.
10. The City may terminate this Agreement at any time with or without cause by giving 30
days written notice to the Growers at the address indicated above. Sections 7 and 8 of this
Agreement shall survive termination.
11. This Agreement shall be governed by, construed, and enforced in accordance with the laws
of the State of Minnesota.
12. This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not
be binding upon either party except to the extent incorporated in this Agreement.
13. Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if evidenced in writing signed by
each party or an authorized representative of each party.
14. Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by U.S. Mail or hand-delivered to the respective
address of each party as set forth in the beginning of this Agreement.
15. The parties acknowledge that this Agreement is an agreement to operate a Farmers Market
in the Use Area described herein and does not confer any estate or interest to Growers nor
does it create a partnership or joint venture between the City and Growers. All costs of
doing business, including but not limited to supplies and equipment, will be the sole
responsibility of Growers at its sole expense.
IN WITNESS WHEREOF, the parties have signed this Agreement on the ______ day of
April, 2020.
THE HOPKINS GROWERS' ASSOCIATION CITY OF HOPKINS
By: ______________________________ By: ______________________________
Gwen Smith, President Jason Gadd, Mayor
10091 Pilgrim Way
Maple Grove, MN 55369
By: ______________________________
Michael J. Mornson, City Manager
Hopkins Farmers Market Lot located at 16 9th Ave. S. “Lot 300, Downtown Lot”
Current SIGN
NEW SIGN
Rest Rooms ↓ 9th Ave S ↓ ↓ Bandshell ↓
Exhibit A