HomeMy WebLinkAboutDOWNTOWN BUSINESS ASSOCIATION - CONTRACT - CONTRACT - FOURTH OF JULYAGREEMENT
THIS AGREEMENT is made and entered into this day of t�W� 2005, by
and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City),
and The Downtown Business Association (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 temporary concession for outdoor vending at Civic Center Park
(July 40'), Fort Collins, Colorado, hereinafter referred to as "the property".
NOW THEREFORE, in consideration 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 July 4, 2005
Section 2. Concession Operations.
A. The City hereby grants the Concessionaire a concession for the use of the property
for outdoor vending. The Concessionaire shall have the exclusive right to operate
(outdoor vending) concession within this area.
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 $10.00
in cash or certified funds due at time of execution of this agreement.
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 $1,000,000 per occurrence and liquor liability coverage in an
amount of $500,000 per occurrence. The City of Fort Collins shall be named as
an additional insured on these policies and a certificate of insurance showing
evidence of this coverage will be provided to the City ten days prior to the event.
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 any concession cart or table must be approved by the City. Signs
may be displayed in or on carts or tables only.
H. Concessionaire shall supply trash receptacles and keep the concession area clean
of all trash.
All sales tax returns and concessionaire payments to the City associated with the
concession operation must be filed by their due date. No assessment fees,
penalties or interest will be waived by the City.
If the Concessionaire needs electrical power the Concessionaire must provide for
such power through the City Light & Power Department at the Concessionaire's
expense. Arrangements to supply power to the concession area must be reviewed
with the appropriate City departments.
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 for any damage caused to the lot or landscaping.
Section 3. General Conditions.
A. The Concessionaire shall neither assign any of the rights nor delegate any of the
duties under the provisions of this Agreement without having first obtained the
written permission of the City. The Concessionaire shall not sublet any portion of
the concession area or allow any other person to take possession of any portion of
the concession areas without the written consent of the City.
B. This Agreement may not be enlarged, modified or altered except in writing,
signed by the parties as an amendment hereto.
C. No waiver of any breach of this Agreement shall be held or construed to be a
waiver of any subsequent breach thereof.
D. It is expressly 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 vendor or concessionaire.
F. Fixtures and 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 improvements on said premises, the Concessionaire agrees to obtain the
approval of the appropriate City Department and shall supervise the
construction of said improvements.
2. Upon the termination of this Agreement the Concessionaire shall remove
any fixtures or 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 parties hereto.
H. If either party must resort to legal action to enforce the terms of this Agreement,
the prevailing party shall be awarded its costs and, to the extent allowed by law,
reasonable attorney's fees.
I. Any notice required or desired to be given under this Agreement will be
considered delivered to the other party upon hand delivery or upon its deposit in
the United States mail, postage prepaid, sent by registered mail, addressed to the
other party at the following address:
City of Fort Collins
Treasury Division of Finance
P.O. Box 580
215 North Mason Street
Fort Collins, CO 80522
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
BY:
J e B. OESei11, II, CPPO
Director of Purchasing and Risk Management
Date: 22 31l0
Downtown Business Association
PRINT NAME 'jo V � d Sh OP -�
TITLE S X e C (AA_ V-P-
Date: 3) 3 � f 05
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