IV.6. Approve Farmers Market Mixed Use Agreement; Lindahl (Memo)MEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, AICP
Date: April 19, 2016
Subject: Farmers’ Market Use Agreement
Proposed Action
Move to approve the 2016 Use Agreement with the Hopkins Farmers Market.
Overview
The Farmers Market is entering its 30th season in downtown Hopkins. Details regarding operation
of the Farmers Market are spelled out in the attached Use Agreement. It will once again be located
in the southern portion of Lot #300. The northern portion of this lot will remain open for parking.
The Farmers Market will operate Saturday mornings (7:30 a.m. to noon) June 24 through October
29, except during Raspberry Festival. During this date (July 16) they may operate on 9th Avenue
subject to approval of a separate Special Events permit. It should also be noted that staff added
language to Section 2.b of the agreement to reference recent changes to the City’s Mobile Food
Units (food trucks) policy.
Attachments
2016 Use Agreement with Hopkins Farmers Market
Exhibit A - Layout
USE AGREEMENT
THIS USE AGREEMENT (“Agreement”) is made the _____ day of _____, 2016, (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 Farmer’s Market in the City, in
order to provide an opportunity to sell Growers’ products and afford the City and its resident’s
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, ending two spaces north of the snow emergency sign, as shown on the attached Exhibit A
(“Use Area”) to operate 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 shall be subject to the following:
a. For each Saturday operation of the Farmer’s Market, the City will provide
blockades for Grower 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 all 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 applica-
ble to them.
3. The right to utilize the Use Area for the Farmer’s Market shall commence on June 24,
2016, and shall terminate on October 29, 2016; in addition, Grower shall have the right to
utilize the Use Area pursuant to Paragraph 5 (“Term”).
4. The operation of a Farmer’s Market in the Use Area is also subject to the following con-
ditions:
a. The operation of a Farmer’s Market is limited to Saturdays between the
hours of 7:30 a.m. and 12 p.m. (noon), with the exception of July 16, on which
date the City does not permit operation of a Farmer’s Market. On July 16th the
Farmers Market may operate on 9th Avenue subject to approval of a separate Spe-
cial Events permit.
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 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 Farmer’s
Market is in compliance with, at all times, local, state and federal rules and regu-
lations.
5. In addition to the term for the operations 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 22, 2016, from 2 p.m. to 6 p.m., subject to all terms and conditions
described 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 governmental entity for the operation of the Farmer’s Market.
7. Growers shall indemnify, defend, and hold the City, and its respective officers, emplo y-
ees, and agents, harmless from and against any and all losses, claims, actions, and ex-
penses that may arise from or out of the activities conducted or carried on by Growers di-
rectly 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
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 approved
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 Farmer’s Market within the Use Area.
9. 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.
10. This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of Minnesota.
11. 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.
12. 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.
13. 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 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 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 ___________, 2016.
THE HOPKINS GROWERS' ASSOCIATION CITY OF HOPKINS
By: ______________________________ By: ______________________________
Gwen Smith, President Molly Cummings, Mayor
10091 Pilgrim Way
Maple Grove, MN 55369
By: ______________________________
Michael J. Mornson, City Mana ger
EXHIBIT A