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CR 2013-052 Growers Market AgreementMay 31, 2013 Council Report 13-52 GROWERS' MARKET AGREEMENT Proposed Action Staff recommends the following motion: Approve the 2013 Growers' Market agreement. Adoption of this motion will allow the Growers' Association to operate the 2013 Growers' Market from the south side of Lot 4300 to the snow emergency sign, according to the schedule laid out in the agreement. Overview The Growers' Market is in its fourteenth year of operation. The Growers' Association has utilized Lot #300 on an annual basis for conducting its Growers' Market. The north side of Lot #300 will remain open for public parking. The growers wish to continue to utilize the same location as last year. The Growers' Market will operate only on Saturday mornings, as it did last year. It is anticipated that 24 growers will participate. The dates of the market are June 15 through October 26, with the exception of July 13. Staff has informed the Growers' Association of the Raspberry Festival's use of Lot #300 on the excepted date. Primary Issues to Consider • 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. Supporting Document • Use agreement VW -, , A C),h%D Nancy Anderson, AICP Plannerli Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: USE AGREEMENT This AGREEMENT by and between the CITY OF HOPKINS, a Municipal Corpora- tion ("City"), located at 1010 First Street South, Hopkins, Minnesota 55343, and THE HOPKINS GROWERS' ASSOCIATION, a non-profit association ("Growers") located in c/o Anna Mau, 11210 Red Fox Drive, Maple Grove, MN 55369. 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 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 encour- age 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 to the snow emergency sign 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 15, 2013, through October 26, 2013, on Saturdays between the hours of 7:30 a.m. and noon, except for July 13. 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 ad- vertising, 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, ac- tions, 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 City reserves the right to terminate this Agreement without cause at any time 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 , 2013. THE HOPKINS GROWERS' ASSOCIATION CITY OF HOPKINS IM By: Anna Mau, President Eugene J. Maxwell, Mayor 11210 Red Fox Drive Maple Grove, MN 55369 By: Mike Mornson, City Manager