HomeMy WebLinkAboutDOWNTOWN DEVELOPMENT AUTHORITY - CONTRACT - CONTRACT - DOWNTOWN DEVELOPMENT AUTHORITY BEET STREET LAUNCH CIVIC PARKAGREEMENT
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THIS AGREEMENT is made and entered into this _]_a,_ day of + 2007, by
and between THE CITY OF FORT COLLINS. COLORADO, a Municipal C rpoiation (City),
and the Downtown Development Authority (Concessionaue)
WITNESSETH
WHEREAS, the City Council passed Ordinance No 36, 1994, establishing the
Downtown Plan At ea as a concession area for the sale of goods and services fioal outdoor
locations, and
WHEREAS, the City has established various concession locations in the Downtown Plan
Aiea, and
WHEREAS, the City agrees to giant to the Concessionaie and the Concessionaue
accepts from the City a tempoiary concession foi outdoor vending at Civic Center Park
(Beet Stieet Launch), Foil Collins, Coloiado, hereinafter iefetied to as "the property"
NOW THEREFORE, in consideiation of the mutual covenants and obligations herein
expressed, the parties agree as follows
Section 1 Term of the Agreement.
A This Agreement shall be effective for Septembei 19, 2007
Section 2, Concession Operations.
A The City hereby grants the Concessionane a concession for the use of the pi operty
for outdoor vending The Concessionaue shall have the exclusive tight to operate
(outdoor vending) concession within this area.
B The Concessionane shall keep adequate and pi oper business records of all
expenses and receipts of the concession opetations At the request of the City, all
such business records shall be mule open and available for inspection and audit
by the City of Foil Collins Ticasuty Division
C The Concessionane agiecs to pay the City an amount equal to $10.00
in cash or certified funds due at time of execution of this agieement
D The Concessionaire shall obtain and pay tot all licenses needed for the opetatron
of the concession including, but not necessatity limited to, a County Health
Depattment Food Seivices establishment inspection, City and State sales tax
licenses Any such licenses held specifically'by the Concessionane in connection
with this Agreement shall be sin tendered by the Concessionaue at the time of
termination of this Agreement
E. The Concessionaire shall nrdeiiinify, save and hold haunless the City Iftotn all
claims and losses, including costs and reasonable attorneys fees arising dnectly or
indirectly out of the Concessionaire's use of the concession area m operation of
the concession The Concessionaire shall maintain commercial liability insurance
in the amount of $1,000,000 pet occurrence and liquor liability coverage in an
amount of $500,000 pet ocCru rence The City of Fort Collins shall be named as
anadditional insured on these policies and a certificate of insurance showing
evidence of this coverage will be provided to the City ten days pilot to the event
F. The operation of the concession granted under this Agreement shall, at all limes,
conform with all applicable Fedetal, State, and local laws and with all applicable
tales and regulations adopted by the City of any of its Boards of Depai tments.
G All signs on any concession calf or table must be approved by fire City. Signs
may be displayed in or on carts or tables only
FI Concessionane shall supply trash receptacles and keep the concession area clean
of all trash
I. All sales tax retains and coneessionate payments to the City associated with the
concession operation must be filed by then due date No assessment fees,
penalties or interest will be waived by the City.
If the Concessionane needs electrical power the Concessionanc must provide tot
such power through the City Light & Power Depattment at the Concessionane's
expense Arrangements to supply power to the concession area must be reviewed
with the appropriate City depaitnnents
K The Concessionaire shall provide a surety bond acceptable to the City in the
amount of two thousand five hundred dollars ($2,500) to guarantee clean-up of
the property and tot any damage caused to the lot of landscaping
Section 3, General Conditions.
A The Concessionaire shall neithei assign any of the lights nor delegate any of the
duties under the piovisions of this Agieennentwithout having first obtained the
written permission of the City The Concessionane shall not sublet any portion of
the concession area of allow any other person to lake possession of any portion of
the concession areas without the written consent of the City
B. This Agreement may not be enlai ged, modified of alteted except in waiting,
signed by the paities as an amendment hereto
C. No waiver of any bleach of this Agreement shall be held of construed to be a
waiver of any subsequent breach thereof
D It isexpressly understood and agreed by and between the parties hereto that in the
performance of the terms and conditions of this Agreement, time is of the essence
E The location assigned is not transferable to another vendoi of concessionaire
F. Fixlmcsand Improvements
The Concessionaire agrees that all auxiliary equipment needed to operate
the Concession shall be installed at its expense. Prior to making any and
all improvemcnts on said premises, the Concessionane agrees to obtain the
approval of the appropi late City Department and shall super vise the
conshuction of said nnpiovernents
Upon the termination of this Agieement the Concessionaire shall temove
any fixtures of improvements made by it to the concession area However,
the concession area must be restored to as good a condition as the
premises were in at the time the Concessionaire took possession thereof
G This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the patties hereto
H. If either party must icsotl to legal action to enfotcc the terms of this Agreement,
the pievailing party shall be awarded its costs and, to the extent allowed by law,
teasonable attoi ncy's fees
I. Any notice icquncd of deshed to be given under this Agicement will be
considered dehveied to the other pasty upon Band delivery of upon its deposit to
the United States mail, postage prepaid, sent by tegisteied mail, addressed to the
oth[ei party at the following address„
City of Fort Collins
Tlcasury Division of Finance
P,O Box 580
215 North Mason Sticet
Foit Collins, CO 80522
THE CITY OF FORT COLLINS, COLORADO
a municipal cot poi ation
BY(J
4 /L James S O'Neill, II, CPPO
Dnector of Put chasing and Risk Management
Date q - f Z— o ?
Downtown Development Authoiity
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