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Home My WebLink AboutTEAM PLAYER PRODUCTIONS INC - CONTRACT - CONTRACT - TASTE OF FORT COLLINSAGREEMENT THIS AGREEMENT is made and entered into this --/3- day of s 2005, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal orporation (City), and Team Player Productions Inc. (Concessionaire) for the event "Taste of Fort Collins." `1A'LY012=111a M to I 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, Laporte Avenue and Howes Street, 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 June I Vh and 12t', 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. I. 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 4 THE CITY OF FORT COLLINS, COLORADO a municipal corporation J s OC)7feill, I1, CPPO Director of Purchasing and Risk Management Date:` Team Player Productions Inc. Y• s PRINT NAMEf�� TITLE & Date: 111, hs Will...�.� ....., PRE THIS CERTIFICATE IS ISSUED AS A MATTER OF IRWINIATION LARSON INSURANCE R FINANCE,LLC ONLY AND CONFERS NO PJGPFrS UPON THE CERTFICATt SS00 SOUTH SIMMS ST. UNIT P "OLDER. THIS CERTIFICATE DOHS NOT AMEND, EXTEND OR LITTLETON, CO 90127 ALTER THE COVERAGE AFF BY THE PO BROW COMPANIES AFFORDING COVERAG_ E COWANY A CENTURY SURETY CO A MAD TEAM PL AYI PRODUCTIONS 1539 PLATTE STREET SUITE 206 COMPANY 0 PINNACOL ASSURANCE DENVER CO 80202 COMPANY C COMPANY D CERTIPY THAT TME POLICIES INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHEINSUREDNAMEDABOVEFOILTHE POLICY PERIODD, NOTw1Tl�'TANDsuG ANV REOLIIRM4ENT,17'7iAI OR CONp71pN OF AN`tOONTI ON OTHER DoGtA CIT I VYI TH RESPECT TU WHICH THIS AIE MAY BE ISSUED OR MAY PERTAIN TME INSURANCE AFFORDED B Y THE POUgESDESCRIBEDHMREMisSUBJECTTOALLTTETERMS.NS AND OOND17iOP19 OF SUCH POLICIES, LDNT$ SHOWN MAY WIVE BEEN REDUCED BY PAID CLAW. 77777 E OF RlSURANCQ PDUCI'HVIRBER POLICY TIME POUCTERPIRATICM DATEIfpRIDORYIBILIAOEN@iALAGDRT3IA,E URIDAIEPIAMDpyT) IALCD•eRALUARILITY CUIM3 CCP292190 4/5/05 4/5106 s 2,000.000 PRODUCTS -(.bMP1OPAM f I ODOOW PERSONAL A ADV INJURY f 1,00c,000 MADE OCCUR OWNSWISISCONTRACI EACH OCCURRENCE T 1 ODO D00 PIREO MAGE Wgune111q f 50,DOO MEDEV (AI 0Do AUTOMOBei IJARII ITiI ANY AUTO COMBINED SwLE LRBT f ALL OWNED AUTOS SCNBDULSO AUTOS ILvPLA,uRv e LAMED AUTOS NON -OWNED AUI09 60pLr wJtB:Y (nnrasMwq f PROPERTY DAMAGE f MARABE UAMLHT AUTO arar.EAACCIDENT s ANY AUTO DTHER THAN AUfOCWY: PACH AfY.ncw Is • AGGREGATE f - .. S UAEFUTY lwomwBmmPRNMATlOmAhb IMRIMMIAMPM OTHER THAN UMBRELLA FORM EACHOCCURRDICE f _ A00RE3AIL f ^ f IME, PJIIFIAYBAYLIAmuIT PROPRIETOW PPANe+.7E7x-cuAmiwE ' L OPFg�$ ARM X EXCL 4061530 6/1/04 611/05 JSTATUTORYUAMTS EMNAOCK s 100 f 500000 CMlEASE- POLICY UMR DRIrAm-GOII o1sLOTBM s 100 D0o I BUS PERO PROP CCP202190 4W5 41&MB $25 000 DATE OF EVENT. JUNE 11-12, 2005 EVENT: TASTE OF FORT COLLINS CERTIFICATE HOLDER 18 LISTED AS ADDITIONAL INSURED ADDITIONAL INSURED: CITY OF FORT COLLINS RISK MANAGEMENT SHOULD ANY OF TM ABOVE DESCRIBED PDLICR RF r.Am" J gD DEFORM THE Elww►TM DATE TNER IaP, THE 1 Mom CafPANY "U. &WENVOR TO VAL 30 OAVS WFUT= NfJTMTO TTKae "nrATE"*L a N"WT0 Tire LWr PO BOX SB0 CUT FAAHRR IO NAM % WN pow" ROBE NoDBUQATIDN OR LMUTY FORT COLLINS CO 80522-0580 i OF OR +�