CR 09-043 Approve Property Use Agreement - Rocky's Weiner WagonMay 19, 2009 Council Report 2009 -043
APPROVE PROPERTY USE AGREEMENT
Proposed Action
Staff recommends that the Council approve the following motion: Move to authorize Mayor and City
Manager to sign perty Use Agreement with Rockquen (Rocky) Marlow.
This action will allow Rocky Marlow to operate a hot dog vending cart in the Clock Tower Plaza.
Overview
The City has been approached by Rocky Marlow who requested permission to operate a hot dog cart in
downtown Hopkins. Mr. Marlow has requested that he be allowed to use the Clock Tower Plaza Monday
through Saturday from 9:30 a.m. to 2:30 p.m.
In return for the City's permission to use this space, Mr. Marlow has agreed to the following:
1. Obtain a Minnesota State food handler's license and comply at all times with the applicable health
codes and regulations.
2. Maintain a permanent location within the City of Hopkins for the storage of food and beverages and
for the cleaning and servicing of the cart. Such permanent location shall comply in all respects with
the requirements of Section 600 of the Hopkins City Code, and shall have at least a Level Three
food license. The cart shall return to the permanent location at least once daily for cleaning and
servicing.
3. Keep the immediate area clean and comply with any specific directions from the City with respect to
clean up.
4. Obtain general liability insurance and agree to hold harmless and indemnify the City from all claims
losses, actions and suits that may be brought as a result of use of the City Property.
Either party can terminate the agreement with 14 days notice.
Supporting Documents
• Property Use Agreement
• Information regarding Rocky's Weiner Wagon
Genellie
City Manager
PROPERTY USE AGREEMENT
This Agreement is made between the City of Hopkins, (hereinafter "City") and
Rockquen (Rocky) Marlow - Rocky's Weiner Wagon (hereinafter "L essee ")
The City owns property located at 900 Mainstreet - the Clock Tower Plaza.
LOT 6 EXCEPT THAT PART OF LOT 6 DESC AS BEG AT NW COR THOF TH ELY ALONG
N LINE THOF DIST 10.18 FT TH SLY PAR WITH THE W LINE THOF DIST 28 FT TH
WLY AND PAR WITH THE N LINE THOF DIST 10.18 FT TO W LINE THOF TH NLY TO BEG
Block 005 West Minneapolis. (hereinafter "City Property")
The Lessee desires to secure certain space in the City Property to operate a Mobile Hot Dog Vending Cart
Now, therefore, in consideration of the mutual covenant herein, the parties agree as follows:
1. EXCLUSIVE RIGHT. The Lessee shall not have any exclusive rights to operate at the City Property during the terms of this
agreement. The City Property shall be, at all times, accessible to the public.
2. RENT. The rent for the use of the City Property shall be $500.00 per year. In the event the lessee terminates the lease within
45 days of the date of this agreement, one -half of the annual rent will be returned to the lessee.
3. OPERATIONS:
1. The Lessee shall obtain a Minnesota Department of Health food license and shall comply at all times with the
applicable health codes and regulations. The mobile food cart shall comply with the requirements of MN Rules 4626.
2. Lessee shall maintain a permanent location within the City of Hopkins for the storage of food and beverages carried
by the lessee's cart, and for the cleaning and servicing of that cart. Such permanent location shall comply in all
respects with the requirements of Section 600 of the Hopkins City Code, and shall have at least a Level Three food
license. The cart shall return to the permanent location at least once daily for cleaning and 'servicing.
3. The Lessee shall keep the immediate area clean and comply with any specific directions from the City with respect to
clean up.
4. The lessee may conduct his business on the following days Monday through Saturday between the hours of 9:30 a.m.
and 2:30 p.m. except for the following days: Thursday July 16• Saturday July 18• and Saturday, September 12
4. UTILITIES. The Lessee shall not use any City utilities.
5. INDEMNIFICATION. By signing this agreement, the Lessee agrees to RELEASE AND DISCHARGE the City and their
agents and employees, from liability for injuries or damages, including any losses caused by the negligence or strict liability of
the released parties. The Lessee agrees not to sue or make claim against those agencies and agrees to defend, hold harmless and
indemnify the City from all claims losses, actions and suits that may be brought as a result of use of the City Property.
6. INSURANCE. The Lessee shall provide proof of liability insurance in the amount of one hundred thousand dollars
($100,000.00) for individuals, three hundred thousand dollars ($300,000.00) for any single incident and ten thousand dollars
($10,000.00) for property damage. The City shall be named an additional insured.
7. ASSIGNMENT AND SUBLEASE. The Lessee will not assign this contract or sublet any portion of the contract without
consent in writing from the City.
8. TERMINATION. Either party many terminate this agreement at will by giving 14 days written notice to the other party.
9. TERM. The term of this agreement shall be from May 20, 2009 to October 31, 2009
FOR THE CITY OF HOPKINS; FOR THE LESSEE;
Eugene J. Maxwell, Mayor DATE
Rick Getschow, City Manager DATE
DATE
DATE
Description:
Rocky's Wiener Wagon is a Mobile Food Unit designed for serving Hot Dogs. The food unit is being built by
Mark Palm, owner of Chameleon Carts (NSF Certified builder). Chameleon Carts is located in Long Lake
Minnesota. Telephone contact information for Chameleon Carts is 952- 473 -2215 (Cart plans are attached).
Food Services Provided:
— Regular Hot Dog - $3.00
-Your choice of Condiments
—Chili Cheese Dog - $3.50
-Regular dog with Chili, Shredded Cheese, and your choice of Condiments
— German Dog - $3.50
-Regular dog with Sauerkraut and your choice of Condiments
—Belly Buster Dog - $3.50
-Regular dog with Jalapenos, Hot Mustard, and your choice of Condiments
Condiments
Ketchup Relish
Mustard Onions
*Make any menu item a combo, which includes pop and chips, for only $1.50 more!
Hours of Operation:
• Monday through Friday - 9:30 AM to 2:30 PM
• Occasional weekends and special events ,
Insurance:
Farmers Insurance Group will be providing Full Coverage and Liability insurance on the mobile food
unit. Duey Hoefer is the servicing agent and is located at the following address:
11244 86 Avenue N
Maple Grove, MN 55369
Telephone contact information for Duey Hoeffer is 763 - 488 -1700.
Operating Location:
Clock Tower
900 Main Street
Hopkins, MN 55343
The location is on a street corner with clay tile patio. The patio area contains picnic tables and garbage
containers. The location is approximately 30 feet wide by 70 feet long with the mobile food unit
positioned 10 feet off of Main Street's city sidewalk.
Commissary Location/Information:
American Legion Post 320
10 12 Ave S
Hopkins, MN 55343
The Hopkins American Legion has a City of Hopkins Food License and a State of Minnesota Department
of Health Certificate.
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