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HomeMy WebLinkAbout4819 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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: Ciry{bf~ R: \Legal \Legal \ Contracts \P ARKS\F armersMarketConcessinAreement. doc 3 I ~.. .' ,"t . I. . c . . ' ~ r . ....~.. 11 '~.A. . ......... ~..; 'I, ~ ~- -~ ~ o ::r .... II ~ o .~ " CD' ~ l~ -' .---. . ~r. ~t .... ,. ... ~,. .~.. ,. ( . .' ~"" .</ ~ . ,~~ " ../ EXHmIT A