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HomeMy WebLinkAboutCOLORADO STATE UNIVERSITY EXTENSION - CONTRACT - CONTRACT - STATE BOARD OF AGRICULTUREAGREEMENT THIS AGREEMENT is made and entered into this 5 vk day of N A `'( 2005, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and The State Board of Agriculture, acting by and through Colorado State University Cooperative Extension (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 on the Oak Street Parking Lot at Oak and Remington Streets (Larimer County Farmers Market), 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 from July 9 through October 15, 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 on Saturdays. 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 $ 30.00 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 to the extent allowed by law, 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. As an entity of the State of Colorado, Concessionaire is self -insured for $150,000 per person and $600,000 per occurrence as more fully set forth in the Risk Management Act, C.R.S. Sec 24-30-1501, et seq. A certificate of insurance listing the City of Fort Collins as an additional insured shall be presented to the City prior to start of the program. F. The Concessionaire shall require that each person selling goods or produce on the property execute an agreement indemnifying and holding harmless the City from any and all liability and claims arising from the person's activities on the property. Additionally, the Concessionaire shall require that the City be named as an additional insured on any liability insurance policy that is required of persons selling goods or produce on the property of that is obtained or purchased by the Concessionaire on behalf of said persons. G. 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. H. 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. I. 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. K. 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. 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 attorneys 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 Colorado State University Cooperative Extension Larimer County Office PO Box 543 1525 Blue Spruce Drive Fort Collins,CO 80522-0543 4 THE CITY OF FORT COLLINS, COLORADO a municipal corporation BY:91c>� (� c James B. O Neill, H, CPPO Director of Purchasing and Risk Management Date: 5 0 The State Board of Agriculture, acting by and through Colorado State University Cooperative Extension PRINT NAME A , r e. J TITLE V Date: 5