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Home My WebLink About5038 Contract Number: 5038 Vendor: BREMERTON FARMER'S MARKET Subject: License for Use of Evergreen Park Department: Parks File Class: LEG 12 -1 Begin Date: 5/19/2011 End Date: 6/1/2014 Review Date: 3/1/2014 Vault Date: Comments: Amendment 1 5/19/2011 - Sunday Market on Boardwalk FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF BREMERTON AND BREMERTON FARMER'S MARKET This First Amendment to License Agreement between the City of Bremerton (CITY) and Bremerton Farmer's Market (Licensee) specifically amends the License Agreement entered into between the parties on May 19, 2011 ( "License Agreement ") collectively referred to hereinafter as ( "Agreement ") WHEREAS, Licensee desires to add an additional day and location to the Agreement, and WHEREAS, the City has agreed to amend the Agreement to grant approval for the additional day and location and add a new exhibit, Exhibit B, NOW, THERFORE, for valuable consideration and by mutual consent of the parties, Sections 1 and 2 of the License Agreement are hereby amended and replaced in their entirety to read in full as follows 1. PREMISES: The City hereby grants to Licensee this agreement for the use of a portion of Evergreen Rotary Park identified in Exhibit A and a portion of the Louis Mentor Boardwalk identified in Exhibit B for the uses and purposes described herein City is the legal owner of the properties identified in Exhibits A and B Exhibit B is attached hereto as a new exhibit and incorporated herein by reference 2. USES AND PURPOSES: Licensee shall have the use of the premises identified in Exhibits A and B for the purpose of a Farmer's Market Such Farmer's Market shall be limited to the premises, and shall only be allowed during the months of May 1 through October 31 of each year this agreement is in effect Additionally, the Licensee's use of Evergreen Rotary Park is limited to Thursdays from 2.00 pm until 8 00 pm and the Licensee's use of the Louis Mentor Boardwalk is limited to Sundays from 11 00 am until 3 00 pm Licensee's use of the Louis Mentor Boardwalk is subject to the City's right to deny such use, at the City's sole discretion, in the event of a conflict of use or some other need for the premises Sales, displays, storage and delivery of vendors merchandise shall be limited to the portion of Evergreen Rotary Park identified in Exhibit A and the portion of the Louis Mentor Boardwalk identified in Exhibit B Vendors may use small carts and hand trucks to transport their merchandise to their booth(s) The Licensee shall be responsible for the clean up of litter, unsold merchandise, packaging, displays and other market related items following the close of the Farmer's Market each day No permanent signage or other advertising shall be used by the Licensee However, temporary signage may be used by the Licensee and may be placed at entrances to Evergreen Rotary Park and the Louis Mentor Boardwalk upon the written approval of the City's Parks and Recreation Director 1 Bremerton Farmer's Market Agreement - First Amendment No alcoholic beverages are permitted for sale or consumption within the premises Notwithstanding any other provisions herein, the Licensee shall not enter into any other sublicense of the premises or any portion thereof or any assignment of any interest in this Agreement whether long or short term in nature, or engage in any activity with respect to or on the premises other than the express use(s) and purpose(s) stipulated herein, without obtaining the prior written authorization therefore from the City IN WITNESS WHEREOF, the parties have executed this Memorandum of First Amended License Agreement as of the day and year first above written CITY OF BREMERTON BREMERTON FARMER'S MARKET i By By Patty ent, r Do it d, resident Date ' ' Date 0"/ Approved as to from S 4 A City Clerk R \Legal \Legal \Contracts\PARKS\Farmer's Market License Agreement -First Amendment( ? -1 1) doc 2 Bremerton Farmer's Market Agreement - First Amendment / Exhibit B CONDO AREA / =Q . 4 I n' / � O F ptp � o r Gj% u CONVENTION CENTER t„ ; y „r K \ f � 14' LOUIS MENTOR BOARDWALK FSRP BREMERTON FARMER'S MARKET [ 3 Approved Booth Locations Contract Number: Vendor: Sub�ect: Department: File Class: Begln Date: End Date: Review Date: Vault Date: 5038 BREMERTON FARMER'S MARKET License for Use of �vergreen Park Parks LEG 12-1 5/19/2011 6/1/2014 3/1/2014 Comments : LICENSE AGREEMENT [CITY OF BREMRTON and BREMERTON FARMER' S MARKET] THIS LICENSE AGREEMENT is entered into by and between the CITY of BREMERTON, a murucipal corporation organized and existmg under the laws of the State of Washington, (hereinafter referred to as the "City"), and the BREMERTON FARMER'S MA.RKET (heremafter referred to as the "Licensee") WITNESSETH: 1. PRENIISES: Crty is the legal owner of the property idenhfied in Exlubit A The Crty hereby grants to Licensee tlus agreement for the use of a portion of Evergreen Rotary Park identified in Exhibit A for the uses and purposes described herem. � 2. USES AND PURPOSES: Licensee sha11 have the use of the premises identified in Exhibrt A for the purpose of a Fanner's Market Such Farmer's Market sha11 be lunited to the prerYUSes, and shall only be allowed during the months of May — October of each year tlus agreement is m effect Additionally, the Licensee's use of the premises is limited to Thursday aftemoons from 2:00 pm until8 00 pm. Sales, displays, storage and delivery of Farmer's Merchandise shall be limited to the portion of Evergreen Rotary Park idenhfied in Exlubit A Vendor's velucles and trailers shall remain on paved areas of the premises Vendors may use small carts and hand trucks to transport their merchandise to their booth(s). The Licensee shall be responsible for the clean up of litter, unsold merchandise, packaging, displays and other market related rtems followuig the close of the Farmer's Market each Thursday. No permanent signage or other advertising sha11 be used by the Licensee However, temporary signage may be used by the Licensee and may be placed at entrances to Evergreen Park as well as other locahons within Evergreen Rotary Park upon the written approval of the City's Parks and Recreat�on Director No alcoholic beverages are pernutted for sale or consumption witlun the premises Notwithstanding any other provisions herein, the Licensee shall not enter into any other subhcense of the premises or any portion thereof or any assignment of any mterest m tlus Agreement whether long or short term in nature, or engage in any activity with respect to or on the preiruses other than the express use(s) and purpose(s) stipulated herein, without obtauung the prior wntten authonzation therefore from the Crty 3. TERM: The term of tlus Agreement shall be for a penod of three (3) years from the date of execution. However, the parties shall have the option to terminate this Agreement at any time with thirty (30) days written notice to the other party. Bremerton Farnner's Market L�cense Agreement 2011 4. COIVIPENSATION: Licensee shall make an annual payment to City m the amount of $250.00 Such payment shall be made pnor to Apnl 1 of any year tlus agreement is m effect. 5. NOTICES: All nohces and payments to be given by erther parties hereto to the other party sha11 be in wnting and may erther be delivered personally or may be deposited in the United States Mail, postage prepa.id, as either certified or regular addressed as specified below Crty Crty of Bremerton City Clerk 345 6�' Street Suite 600 Bremerton, WA 98337 Licensee: Bremerton Farmer's Market P O. Box 5662 Bremerton, WA 98312 6. ItELATIONSHIP: In no event sha11 the City be construed, or held to have become m any way or for any purpose a partner, associate or �omt venturer of the Licensee or any party associated with the Licensee in the conduct of the Licensee's business or otherwise 7. PERMITS: Licensee shall obtain, at Licensee's expense, a11 permits necessary for Licensee's intended use 8. UTILITIES: Licensee shall pay for all services and utilrties supplied to the preiruses mcludmg the required mstallation, connection and disconnection of those services necessary for Licensee's use of the Property. Such payment shall be in addrtion to the annual payment paid by the Licensee. 9. INDEMI�TIFICATION: Licensee shall defend, mdemYUfy and hold the City harmless from any and all claims, causes of action, liability, damage, expense (including all legal costs and attorney fees), surts, or judgxnents for personal m�ury or property damage ansmg from or in any way connected vv�th Licensee's performance under this agreement. The provisions of this paragraph shall survive the expiration or termination of tlus agreement 10. INSURANCE: Licensee shall procure and mamtain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may anse from or in connection vv�th use of the premises by the Licensee, its agents, representatives, employees, customers, contractors or subcontractors By the commencement of the rental period, the Licensee sha11 provide a Certaficate of Insurance evidencing Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined svrigle limit per occurrence and $1,000,000 aggregate for personal injury, bodily in�ury and property damage Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability Bremerton Farmer's Market License Agreement 2011 2 Any payment of deductible or self insured retention shall be the sole responsibility of Licensee 'I'he City shall be named as an additional insured on the insurance policy, as respects the operation of this agreement by or on behalf of Licensee and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Licensee's insurance shall contain a clause statmg that coverage shall apply separately to each insured agamst whom claim is made or suit is brought, except wrth respects to the limits of the insurer's liability Licensee's insurance shall be pnmary insurance as respects the City and the Crty shall be given thirty (30) calendar days prior wntten notice of any cancellation, suspension or material change m coverage 11. MODIFICATION: This agreement may not be modified, altered or amended unless first approved m wrihng by the City 12. ENTIRE AGREEMENT: 'This agreement contains the entire agreement between the parties and, m executmg it, City and Licensee do not rely upon any statement, promise, or representation, whether oral or wntten, not expressed herein CITY OF BREMERTON sy Lf�✓T Trtle A��d4'�/0�2 Date ,� — �9' �� TON FARMER'S �_ : � ;� , Title l u� � $ • $ Date — � — f / �Approved as to form City Attorney Attest City Cle Bremerton Farmer's Market License Agreement 2011 -� p,� , �; � �� , _ � � r�" �,'' � � �t � � -'� , o 0 "' 1��0� � , � _ _ �� . � � p �" '� .� ' - ; — '� -�.- r ,'- ` � t 1 i r � ' Ppy e y � r ' 'g_.- -, f ' , �� , �' , i ,�-y - '�, "< � � , �h � � ��t t � � �� _ �� I � ,' � y � t f � .r —� �- _ � � a ,; - �� _.� � - — - �' f r� �-� i �'� � � � �� ' — � � � -� ��,�.' �� t � � g r � �. ��N ' i �� 7� �}�,� � �_ . ��"� � � �'� �� 4 � � � �� '}('� 1 ' � - a x- � , ��1 �a�' t _ v. �ts w � i ;�t� �` W � �G� 1 ''5��Jp y �„, ' i � µ _ A s 3j t _ _ "�� h ' Y x �^y tl, �' t ; t" ~ " . _ Li S �, L' p y �_-1.__ �� k f' j _ ` �` ` � �..{'� !�( � y ^.� —� � � � �r ' `�-- ="� X _�� 0 0 0 �� ° �. °^ � 1_� 7 p�_ ��.,,�.�--�—" {' r �. �" -4 1 � _ � '�., �.0 1 � °`? ,! ` �`^' � Ef '"'�-�'� � y , � �� e ' °o o � � _ � L� �� J � H y ' �� r . -- , _ � � � , . - - } -x- i " r - h'� � �t-'F 9� � ,� ' � �� r � � -- X�� .,_....,--- � � � �� ' � ` �� ° ., y �� I�'��'��"� `� i �� f r fi` � �' �: "� - � „��,-�,a��_�'° �� r �` 'Y � ` � � � � � _'�'+�; �,��n �� - = ` �� } r � ' ��' � _ .�},�e� ;, r +y �..- F .. 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