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CR 95-094 Growers Market Agreement \ Y 0 \ Ci .... e June 1, 1995 m Council Report CR95-94 -So "" o P K \ ~ GROWERS' MARKET AGREEMENT Proposed Action. Staff recommends the following motion: Move to approve the 1995 Growers' Market agreement. Adoption of this motion will allow the Growers' Association to operate the 1995 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 ninth year of operation. The Growers' Market 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 only operate on Saturday mornings as it did last year. It is anticipated that 12 to 15 growers will participate. . Staff has informed the Growers' Market of the Raspberry Festival and Heritage Days use of Lot #300. The market will not take place in lot #300 during the Raspberry Festival and Heritage Days. Primarv Issues to Consider. 0 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. SUPDortin2 Documents. 0 Use agreement 'j'\In,\y I ,,~ 01(1 \ 'h',) ~1l Nancy ~ Anderson, AlCP Planner e . USE AGREEMENT This AGREEMENT by and between the CITY OF HOPKINS, a Municipal Corporation ("Citytl), located at 1010 First Street South, Hopkins, Minnesota 55343, and THE HOPKINS GROWERS' ASSOCIATION, a non-profit association (tlGrowerstl) located in c/o George Marshall, 9905 Dell Road, Eden Prairie, Minnesota 55347. RECITALS: 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 17, 1995, to October 28, 1995, on Saturdays between the hours of7:30 a.m. and noon, except for July 8, July 15, and September 9. 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. gl:l:n/u::reagree e 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 of the activities conducted or carried on by the Growers directly or indirectly in any respect whatsoever. 5. The Growers shall furnish the City with Certificates of Insurance disclosing that current liability policies of insurance are in full force and effect covering each member of the Hopkins Growers' Association for all incidents ofloss. 6. The City reserves the right to terminate this Agreement without cause at any time e 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 1995. THE HOPKINS GROWERS ASSOCIATION CITY OF HOPKINS By: By: George Marshall Charles D. Redepenrung, Mayor 9905 Dell Road Eden Prairie, MN 55347 By: Steven C. Mielke, City Manager e g~n/U.'H:~agrt:'t:'