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4819
BREMERTON FARMER'S MARKET
Concession - Evergreen Park - Use of South Parking Lot
Parks
LEG 12-1
04/24/2009
04/23/2011
02/01/2011
Termination w/90 days written notice
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT is entered into by and between the CITY of
BREMERTON, a municipal corporation organized and existing under the laws of the State of
Washington, (hereinafter referred to as the "City"), and the BREMERTON FARMER'S
MARKET (hereinafter referred to as the "Licensee").
WITNESSETH:
1. PREMISES: City is the legal owner ofthe property identified in Exhibit A.
The City hereby grants to Licensee this concession for the use of the parking lot
identified in Exhibit A for the uses and purposes described herein.
2. USES AND PURPOSES: Licensee shall have the use of the premises identified in
Exhibit A 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 - October of each year that this
agreement is in effect. Additionally, the Licensee shall only use the premises on Thursday
afternoons from 2:00 pm until 8:00 pm.
Sales, display, storage and delivery of Farmer's Market merchandise shall be limited to
the paved and/or graveled areas of the premises. The Farmer's Market shall not use any irrigated
and/or landscaped areas of Evergreen Park.
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 Thursday.
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
Park as well as other locations within Evergreen Park upon the written approval of the City's
Parks and Recreation Director.
No alcoholic beverages are permitted for sale or consumption within the premises.
Notwithstanding any other provision 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.
3. TERM: The term of this Agreement shall be for a period of two (2) years from the
date of execution. However, the parties shall have the option to terminate this Agreement at any
time with ninety (90) days written notice to the other party.
1
4. COMPENSATION: Licensee shall make an annual payment to City in the amount of
$250.00. Such payment shall be made prior to April 1 of any year this agreement is in effect.
5. NOTICES: All notices and payments to be given by either of the parties hereto to the
other party shall be in writing and may either be delivered personally or may be deposited in the
United States Mail, postage prepaid, as either certified or regular mail addressed as specified
below.
City:
City of Bremerton
City Clerk.
345 6th Street
Bremerton, W A 98337
Licensee:
Bremerton Farmer's Market
6. RELATIONSHIP: In no event shall the City be construed, or held to have become in
any way or for any purpose a partner, associate or joint 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, all permits necessary for
Lessee's intended use.
8. UTILITIES. Licensee shall pay for all services and utilities supplied to the premises
including the required installation, connection and disconnection of those services necessary for
Licensee's use of the Property. Such payment shall be in addition to the annual payment paid by
the Licensee.
9. INDEMNIFICATION. Licensee shall defend, indemnify and hold the City harmless
from any and all claims, causes of action, liability, damage, expense (including all legal costs and
attorney fees), suits, or judgments for personal injury or property damage arising from or in any
way connected with Licensee's performance under this agreement. The provisions of this
paragraph shall survive the expiration or termination of this agreement.
10. INSURANCE. Licensee shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with use of the premises by the Licensee, its agents, representatives,
employees, customers, contractors or subcontractors.
By the commencement of the rental period, the Licensee shall provide a Certificate of
Insurance evidencing:
Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and $1,000,000
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operationslbroad form property damage; and employer's liability.
2
Any payment of deductible or self insured retention shall be the sole responsibility of
Licensee. The 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 stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability. Licensee's insurance shall be primary insurance as respects the City and
the City shall be given thirty (30) calendar days prior written notice of any cancellation,
suspension or material change in coverage.
11. MODIFICATION. This agreement may not be modified, altered or amended unless
first approved in writing by the City.
12. ENTIRE AGREEMENT. This agreement contains the entire agreement between the
parties and, in executing it, City and Licensee do not rely upon any statement, promise, or
representation, whether oral or written, not expressed herein.
BREMERTON FARMER'S MARKET
Title: 11~t')Y
Date: ~~~9
Title: PR.,t/.S i rJ~
Date: 1/ / ;t~) c;
Attest:
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EXHmIT A