IV.5. Approval of the 2023 Use Agreement between the City of Hopkins and the Hopkins Farmers Market; Elverum
CITY OF HOPKINS
City Council Report 2023-038
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Kersten Elverum, Director of Planning & Development
Date: April 18, 2023
Subject: 2023 Hopkins Farmer’s Market Agreement
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO approve the 2023 Use Agreement between the City of Hopkins and
the Hopkins Farmers Market.
With this motion, the Hopkins Farmers Market will open for the 2023 season on June
17, 2023.
OVERVIEW
The Hopkins Farmers Market is entering its 37th season in Downtown Hopkins. Details
regarding operation of the Farmers Market are outlined in the Use Agreement. It will
once again be located in the southern portion of Lot #300, with the exception of two
Saturdays when they may be moved due to Hopkins Food Truck Festival and
Raspberry Festival activities. The northern portion of the lot will remain open for
parking. The Farmers Market will operate Saturday mornings, 7:30 am to noon, June
17th through October 28th.
The agreement also gives the Farmer’s Market the opportunity to park their trailer in Lot
#300 during the term of the market, with the condition it will be moved as needed.
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.
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.
SUPPORTING INFORMATION
• 2023 Farmer’s Market Use Agreement
Planning & Development
USE AGREEMENT
THIS USE AGREEMENT (“Agreement”) is made the ___th day of _____, 2023, (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 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 applicable
to them.
3. The right to utilize the Use Area for the Farmers Market shall commence on June 17, 2023,
and shall terminate on October 28, 2023; 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 June 24, 2023, and July 15,
2023, on which dates the City does not permit operation of a Farmers Market at the
Public Parking Lot #300 location if it is requested to be used for Hopkins Food
Truck and Raspberry Festival activities. On these dates, 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 21, 2023, 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 and on June 24, 2023, if needed. 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
May, 2023
THE HOPKINS GROWERS' ASSOCIATION CITY OF HOPKINS
By: ______________________________ By: ______________________________
Gwen Smith, President Brian Hunke, Mayor Pro Tempore
10091 Pilgrim Way
Maple Grove, MN 55369
By: ______________________________
Michael J. Mornson, City Manager