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CR 2003-085 Gowers' Market Agreement ~ ,/ '\ , CITY OF .i HOPKINS May 30, 2003 Council Report 03-85 GROWERS' MARKET AGREEMENT Proposed Action. Staff recommends the following motion: Move to aporove the 2003 Growers' Market agreement. Adoption of this motion will allow the Growers' Association to operate the 2003 Growers' Market on the south portion of Lot #300, according to the schedule laid out in the agreement. Overview. The Growers' Market is in its thirteenth year of operation. The Growers' Association has utilized Lot #300 on an annual basis for conducting its growers' market. The growers wish to continue to utilize the same location as last year. The Growers' Market will operate only on Saturday mornings as it did last year. It is anticipated that four to five . growers will participate. The dates of the market are June 21 to October 11. Staff has informed the Growers' Association of the Raspberry Festival's use of Lot #300. The market will not take place in Lot #300 during the Raspberry Festival. Primarv Issues to Consider. . Are there any outstanding issues that resulted from last year's operation? The staff is unaware of any major conflicts or problems that resulted from the operation of last year's Growers' Market. Supportin2 Documents. . Use agreement bh~ Nanc . Anderson, AICP Planner Financial Impact: $ N/ A Budgeted: Related Documents (CIP, ERP, etc.): Notes: YIN Source: . . USE AGREEMENT This AGREEMENT by and between the CITY OF HOPKINS, a Municipal Corporation ("City"), located at 1010 First Street South, Hopkins, Minnesota 55343, and THE HOPJ{lNS GROWERS' ASSOCIATION, a non-profit association ("Growers") located in c/o Eleanor Wagner, 5529 Vernon Avenue South, Edina, Minnesota 55436. RECIT ALS: 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. Both parties desire that Growers offers their product for sale in the City, which provides an efficient place for sale of the members' product and affords the City an opportunity to , . encourage a civic activity. NOW, THEREFORE, in consideration of the mutual benefits received by both parties, it is agreed: 1. The Growers shall be granted the exclusive use of the south portion of Public Parking Lot #300 to set up stands and sell their product to the general public in accordance with the following schedule: From June 21, 2003, to October 11,2003, on Saturdays between the hours of7:30 a.m. and noon, except for July 12 and July 19. 2. The City will provide blockades for the Growers, who shall place them where needed and remove and stack them neatly at the end of each sale day for the City to pick up. The Growers shall also furnish appropriate refuse containers and keep . and remove refuse and other waste material after each sale day. gen/useagree . 3. A market manager representing the Growers shall be on the site during each sale day. 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. 4. The Growers shall save and hold the City harmless from all losses, claims, actions, and expenses arising from or out ofthe activities conducted or carried on by the Growers directly or indirectly in any respect whatsoever. 5. The City reserves the right to terminate this Agreement without cause at any time upon 30 days written notice to the Growers at the address indicated above. IN WITNESS WHEREOF, the parties have signed this Agreement on the day of ,2003. THE HOPKINS GROWERS' ASSOCIATION CITY OF HOPKINS By: Eleanor Wagner 5529 Vernon Avenue South Edina, MN 55436 By: Eugene J. Maxwell, Mayor By: Steven C. Mielke, City Manager gen/UBeagree