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CR 93-66 Growers Market Agreement jII April 27, 1993 \ "i Y 0 m 7 <0 o P K \ ~ council Report 93-66 GROWERS MARKET AGREEMENT Proposed Action. Staff recommends adoption of the following motion: the 1993 Growers Market agreement. Move to approve Adoption of this motion will allow the Growers Association to operate the 1993 Growers Market on the south portion of Lot 300 according to the schedule laid out in the agreement. Ov rview The Growers Market is in its seventh 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 using the same days and times for the market. It is anticipated that 12 to 15 growers will participate. Staff has informed the Growers Market of the Raspberry Festival's use of Lot 300, and possibly Heritage Days. The Growers indicated that last year they did experience some difficulties during these events. However, the Growers felt that by communicating with the organizers of these events well in advance they should be able to resolve the problems. primary Issues to Consider o Are there any outstanding issues which resulted from last years operation? The staff is unaware of any major conflicts or problems which resulted from the operation of last year's Growers Market other than as noted above. Supporting Documents o Use agre~ment Director 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 HOPKINS GROWERS ASSOCIATION, a non-profit association ("Growers") located in c/o George Marshall, Market Manager, 9905 Dell Road, Eden prairie, MN 55347. RECITALS: Growers is an association of individuals who produce fruits, vegetables and other grown products and handcrafted items which are sold to the general public at open air markets. Both parties desire that Growers offer 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 19, 1993 to October 30, 1993 on Saturdays between the hours of 7:30 a.m. and 12:00 p.m. From July 6, 1993 to September 28, 1993 on Tuesdays between the hours of 2 p.m. and 5 p.m. 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. 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 of loss. 6. 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 above indicated. IN WITNESS WHEREOF, the parties have signed this Agreement on the day of 1993. THE HOPKINS GROWERS ASSOCIATION: CITY OF HOPKINS By: George Marshall Its Marketing Manager 9905 Dell Road Eden Prairie, MN 55347 Nelson W. Berg, Mayor Steven C. Mielke, City Mgr. USEAGREE ~"