HomeMy WebLinkAboutCONEJO AZUL - CONTRACT - CONTRACT - P 833 CONEJO AZUL SITE 2DOWNTOWN CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of November, 2002, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), CONEJO AZUL
(Concessionaire).
WITNESSETH
WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan
Area as a concession area for the sale of goods and services from outdoor locations; and
WHEREAS, the City has established various concession locations in the Downtown Plan Area;
and
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts
from the City a concession for outdoor vending at:
Site # 2 — Public Right of Way east of Beau Jo's by kiosk in front of 106 E. Mountain
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, the parties agree as follows:
Section 1. Contract Documents
The contract documents consist of this Agreement, and the concession specifications which are
attached as Exhibit A and incorporated herein by this reference. These form the contract, and
are incorporated herein by this reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from the date of the Agreement as entered above,
until May 15, 2003, unless sooner terminated as herein provided. The City may, at its
option, renew the agreement for additional terms, to a maximum of four additional one
year terms. However, either party may terminate this agreement without cause, by
providing written notice to the other party of its intention to terminate at least thirty (30)
days prior to the end of the then existing term.
B. In the event that the concession location can not be used because of improvements
being made at the concession location, this agreement may be suspended on 30 days
notice to the Concessionaire. The suspension shall continue until the improvements are
completed or it is determined that the location can no longer be used as a concession site.
The City will use a good faith effort to relocate the concession site if needed.
Section 3. Concession Operations
The City hereby grants Concessionaire a concession for the use of the property described as:
Site # 2 — Public Right of Way east of Beau Jo's by kiosk in front of 106 E. Mountain,
concession area for outdoor vending. The Concessionaire shall have the exclusive right to
operate an outdoor vending concession within this area in accordance with the agreement.
A. The services to be performed by the Concessionaire are those of an independent
contractor and not as an employee of the City. The City shall not be responsible for
withholding any portion of Concessionaire's compensation hereunder for the payment of
FICA, Worker's Compensation or otherwise.
B. The Concessionaire shall keep adequate and proper business records of all
expenses and receipts of the concession operations. At the request of the City, all such
business records shall be made open and available for inspection and audit by the City of
Fort Collins Treasury Division.
C. The Concessionaire agrees to pay the City an amount equal to One Hundred and
Twenty Dollars ($120.00) per year.
D. The Concessionaire shall obtain and pay for all licenses needed for the operation of
the concession including, but not necessarily limited to, a County Health Department Food
Services establishment inspection, City and State sales tax licenses. Any such licenses
held specifically by the Concessionaire in connection with this Agreement shall be
surrendered by the Concessionaire at the time of termination of this Agreement.
E. The Concessionaire shall indemnify, save and hold harmless the City from all claims
and losses, including costs and reasonable attorneys fees arising directly or indirectly out
of the Concessionaire's use of the concession area or operation of the concession. The
Concessionaire shall maintain commercial liability insurance in the amount of $500,000
combined single limits.
F. The operation of the concession granted under this Agreement shall, at all times,
conform with all applicable Federal, State, and local laws and with all applicable rules and
regulations adopted by the City or any of its Boards or Departments.
G. All signs on the concession cart must be approved by the City. Signs may be
displayed in or on the cart only unless additional signage is approved by City staff.
H. The Concessionaire will be required to have a mobile cart. The cart may not exceed
the size of four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding roof
overhangs and wheels. The design and appearance of the cart must conform with the