CR 92-120 Growers Market Agreement
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May 26, 1992
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council Report 92-120
GROWERS MARKET AGREEMENT
Proposed Action.
Staff recommends adoption of the following motion:
the 1992 Growers Market agreement.
Move to approve
Adoption of this motion will allow the Growers Association to operate
the 1992 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 sixth 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 proposed Mainstreet
Improvement Project, Raspberry Festival's use of Lot 300, and possibly
Heritage Days. The Growers did not foresee any problems operating
their market during the construction period on Mainstreet and felt
they would be able to work with Raspberry Festival and HCP on the use
of Lot 300.
Primary Issues to Consider
o Are there any outstanding issues which resulted from last
years operation?
The staff is unaware of any conflicts or problems which resulted from
the operation of last year's Growers Market.
This years agreement was amended to add paragraph five to clarify an
insurance requirement. The Growers do not have a problem with this
addition.
SUDDortinq Documents
o Use agreement
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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 20, 1992 to October 31, 1992
on Saturdays between the hours of 7:30 a.m.
and 12:00 p.m.
From July 7, 1992 to September 29, 1992
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.
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IN WITNESS WHEREOF, the parties have signed this Agreement
on the
day of
1992.
THE HOPKINS GROWERS ASSOCIATION:
CITY OF HOPKINS
By:
Nelson W. Berg, Mayor
George Marshall
Its Marketing Manager
9905 Dell Road
Eden Prairie, MN 55347
Steven C. Mielke, City Mgr.
TH05082E