VI.3. 2015 Growers’ Market Agreement; Anderson (CR2015-057)April 27, 2015 � Council Report 15-57
GROWERS' MARKET AGREEMENT
Prouosed Action
Staff recommends the fol�owing motion: Approve the 2015 Growers' Market a�•eement.
Adoption of this motion will allow the Growers' Association to operate the 2015 Growers'
Market on the portion of Lot #300 fror� the south �ide extending two spaces north of the
snow emergency sign, according to the schedule laid aut in tl�e agreement.
Overview
The Grovwers' Market is in its 29th year of aperation. The Growers' Association has utilizec�
Lot #300 on an annual basis for conducting its Growers' Market. The north side of Lot #340
will rernain open for public parking.
The Growers wish to con#inue to util�ze the same location as Iast year. The Growers' Market
will operate only on Saturday mornings, as it did last year. It is antic�pated that
approximately 39 growers will participate. The dates af the market are June 20 through
October 31, with the exception of July 11 and 1$. Staff has informed the Growers'
Association of the Raspberry Festival's use of Lot #300 on the excepted dates.
Primarv Issues to Cousider
� Are there any outstanding issues that resuited frora last year's operation?
The staff is unaware of any majar canflicts or probiems that resuIted frorn the operation of
the Growers' Market last year.
• Are there changes from last year's agreement?
There are two changes from last year's agreeznent. This year the market will be allowed two
food trucks and to distribut� preordered turkeys on November 2�4 from 2 p.m. to b p.z�r�. Last
fall staff discussed food trucks with the City Councii. It was decided that in 2015, the inarket
would be allowed two food trucks on a trial basis.
Selpportin� Document
• Use ageement
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Nanc . Anderson, AICP
Cirv P anner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Document� (CIP, ERF, etc.):
Notes:
LTSE AGREEMENT
THIS USE AGREEMENT ("Agreernent") is made the day of , 2015 (the
"Effective Date"} �y and between the CITY OF HQPKINS, a Municipal Cor�aoratio� ("City"),
located at 1010 First Street South, Hapkins, 1VTinnesota 55343, and THE HOPKINS
GROWERS' ASSQCIATIQN, a non-profit association ("Growers") located in c/a Gwen
�t�ith, 10091 Pilgrim Way, Maple Grove, MN 55369.
VVHEREAS, Growers is an association of individuals who produce firuits, vegetables,
and o�her grown products and hand-craft�d items, which are sold to the general public at apen-air
markets;
WHEREAS, both parties desire that Growers operate a Farmer's Market in the City, in
arder to provide an opportunity to sell Grawers' products and affoxd the City and its resident's
opportunities for civic engagement and coFnmerce.
NOW, THEREFORE, in consideration of the mutual benefits received by both parties,
it is agreed:
1. The City wiil grant Growers exclusive use of the south portion of Public Parking Lot #
300, ending two sp�ces north of the snow emergency sign, as shown on the attached Exhibit A
{"Use Area�') to aperate a Saturday Farmer's Market {"Farmer's Market") (i.e. erect stands and
sell products to the general public), as permitted herein.
2. The Farmer's Market sha11 be subject to the fallowing:
a. For each Saturday operation of the Farmer's Market, ti�e City will provide
blackades for Grower for the pur�aose of demarcating the Use Area. Grawers
shall place thezn where needed and rexnave and stack them neatly at the end of
each sale day far the City to pick up.
b_ Growers shall be authorized to arrange for and direct the lacations 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.
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 applica-
ble to them.
3. The r�ght to utilize the Use Area for the Farmer's Market shall commence on June 20,
2015 and shall terminate on �ctober 31, 2015 ("Term"}.
4. The operation af a Farnner's Market in the Use Area is also subject to the following con-
ditions:
a. The operation of a Farmer's Ivlarket is �imited ta Saturdays between the
hours of 7:30 a.m. and 12 p.m. (naon), with the exception of July 11 and July 18,
on w�ic� dates the City doe� not permit operation of a Farmer's Market.
b. The Growers shall furnish appropriate refuse containers, as required by the
City and remove refuse and other waste material after each Farmer's Market.
c. The Growers shall provide a market manager to represent Growers on the
site during each Farmer's Market. Said rnanager or sorneone designated by him
shall be responsible for all advertising, administrative activities, proinotians, and
cammunications with the City and the general public cancerning sale activities.
d. Growers shall be respansible to ensure that its operatian of a Farmer's
Market is in compliance with, at all times, local, state and federal rules and regu-
lations.
5. In addition to the terrn for �he aperations of a Farmer's Market described above, the City
grants Growers the additional right to distribute pre-ordered Turkeys at the Use Area on
Tuesday, November 24, 2015 from 2 p.m. to b p.m., subject to al1 tet-�ns and conditions de-
scribed herein.
6. 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 govertunental entity for the operation of the Farmer's Market.
7. Grnwers shall indemnify, defend, and hold the City, and its respective officers, employ-
ees? and agents, harmless from and against any and all losses, claims, actions, and ex-
penses tl�at inay arise from or out of the activities conducted or carried on by Growers di-
r�ctly or indirectly in any respect whatsoever related to the Grower's operation of a
Farmer's Market within the Use Area.
8. Growers shall provide the City with a Certificate of Liability Insurance, effective at a
tninimum, from June 20, 2015 thraugh November 24, 2015, with a minimum coverage of
the City's statutory tort liability, which is currently $I,SOO,OOO.OQ, and making the City
an additional insured. The sufficiency of the Certifica#e of Liability Insurance is subject
ta rewiew and approval by City Staff. The above-mentioned Certificate of Liability
Insurance must be su�mitted to the Ciry, an a form appro�ved by the City, priar to the
commenceinent of the operation of a Farrner's Market within the Use Area.
9. The City may ierminate this Agreement at any time with ar without cause by giving 30
days written natice to the Growers at the address indicated above. Sections 7�nd 8 of
this Agreeinent shall survive termination.
10. This Agreement shall be governed by, construed, and enforced in accordance widl the
laws of the State of Minnesota.
11. This Agreement shall constit�rte the entire agreeanent between the parties and any priar
under�tanding or representation of any kind preceding the date of this Agreers�ent shall
not be binding upon either party except to the extent incorporated in this A�eement.
12. Any rnodification of this Ageement or additional obiigation assumed by either party in
connection with this Agreernent shall be lainding only if evidenced in writing signed by
each party ar an authorized representative of each party.
13. Any natice pravided for or concerning this Agreement sk�all be in writing and sha�l be
deemed suff ciently given when sent by U.S. Mail ar hand-delivered to the respective ad-
dress of each party as set froth in the beginning of this Agreement.
14. The parties acknowledge that this Agreement is an agreement to operate a Farmer's Mar-
ket in the Use Area described herein �nd does not confer any estate or interest to Growers
nor does it create a partnership or joint venture between the City and Growers. Al1 costs
af doing busin.ess, including but not limited to, supplies and equipment will be the sole
responsibility af Growers at its sole expense.
IN WITNESS WHEREOF, the parties hav� signed this Agreement on the day
of , 2015.
THE HOPKINS GROWERS' ASSOCIATION CITY OF HOPHINS
By: By:
Gwen Smith, President Eugene J. Maxwell, Mayor
10091 Pilgrim Way
Maple Grove, MN 553b9
By:
�Vlichael J. Mornson, City Manager
EXHIBIT A
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