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Home My WebLink About5385Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5385 BREMERTON FARMER'S MARKET License Agreement Parks LEG 12-1 6/16/2014 6/15/2017 3/1/2017 2018 Comments : LICENSE AGREEMENT [CiTY OF BREMERTON and BREMERTON FARMER'S MARKET] THIS LICENSE AGREEMENT is entered into by and between the CITY OF BREIVIER'i'ON, a munic�pal corporation organized and existmg under the laws of the State of Washington, (hereinafter referred to as the "City"), and the BREMERTON FARMER'S �MARKE'd' (hereinafter referred to as the "Licensee"). WITNESSETgI: 1. PREMISES: City is the legal owner of the property identified in Exhibit A. The City hereby grants to License this agreement for the use of a portion of Evergreen Rotary Park 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 this agreement is in effect. Additionally, the Licensee's use of the premises is limited to Thursday afternoons from 2:00 p.m. until 8:00 p.m. Sales, displays, storage and delivery of Farmer's Merchandise shall be limited to the portion of Evergreen Rotary Park identified in Exhibit A. Vendor's vehicles 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 cleanup of litter, unsold merchandise, packing, 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 Rotary Park as well as other locations within Evergreen Rotary Park upon written approval of the City's Park and .Recreation Director. 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. 3. LJSE OF PARICING SPACE: As part of this Agreement, Licensee shall be allowed to use one parking space located outside the locked parking area of 3027 Olympus Drive, Bremerton, Washington to store a utility trailer during the months of May through October of each yeaz the Agreement is in effect. The City will have the right, at its convenience, to terminate the use of the parking space at any time during the term of this Agreement. Licensee Bremerton Fanner's Market l,icense Agreernent 2014 1 will be responsible for and hereby agrees to hold the City harmless from any and all damage or loss occurring to its property stored at 3027 Olympus Drive during the term of this Agreement. 4. TEI2NI: The term of this Agreement shali be for a period of three (3) years from the date of execution. However, the parties sha11 have the oprion to terminate this Agreement at any time with thirty (30} days written notice to the other party. 5. COMPENSA'TION: Licensee shall make an annual payment to City in the amount of $250.00. Such payment shall be made prior to April of a.ny year this agreement is in effect. 6. NO'I'ICES: All notices and payments to be given by either 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 addressed as specified below. City: City of Bremerton City Clerk 345 — 6` Street, Suite 600 Bremerton, WA 98337 Licensee: Bremerton Farmer's Market P.O. Box 5662 Bremerton, WA 98312 7. d2ELATIONS�IIP: 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. 8. PERNIiTS: Licensee shall obtain, at Licensee's expense, all permits necessary for Licensee's intended use. 9. UTILITIES: Licensee shall pay for all services and utilities supplies to the premises including the reyuired 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. 10. INDEMNIFICA'�'ION: 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. 11.INSURANCE: Licensee shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with use of the premises by the Licensee, its agent, representatives, employees, customers, contractors or subcontractors. By the commencement of the rental period, the Licensee shall provide a Certificate of Insurance evidencing: Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $],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 ]3remcrton Farmer's Market License A�reement 2014 2 0 contractual; products/completed operations/broad form property damage; and employer's liability. 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. 12. MODI�'ICATION: This agreement may not be modified, altered or amended unless first approved in writing by the City. 13. EN'�'IRE 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. CITY OF BREIi� BREMERTOIY FARIVIER'S MARKE'�' / BY� �/✓�0� Q4�Y1�I By: Jvl�c, Title: �c.�+��8 1�'t��cAf Title: h '�-�� M.-�►�a(.Q.✓ Date: �� Z. � Date: S��' J I`� Approved as to form: City Attorney / Attest: City Clerk E3remerton rarmer's Market Licensc Agreemcnt 2U14 3 7 s � �� ., �� _ �� E,.��;� �� '�L �� \ , / 4 �E,x:h i -b� i t� ,A _ha�, � ��r�" � � �� 1 � Lh -.�C , �� ,� �� ` „ `',� ��'� �, , � �, ��.� �� r`�.� r� � �. _ � r''a ! C. ��` y � : '�i:.I [i G�Ir� : . � � (�`�� i i �;,. � : � .c�.k�� ' ' a � I i - � . � `�� t i;7�#. . '�;�:��g �'p'r�F�f�rPb I.�'� � �. , .. . ;� �� < '�'�'; • fiF I �. 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