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Home My WebLink AboutCOLORADO CARRIAGE AND WAGON - CONTRACT - CONTRACT - CARRIAGEAGREEMENT THIS AGREEMENT is made and entered into this _� day of �{20Q4, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and Colorado Carriage and Wagon (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 ( carriage rides and beverages) on Mountain 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 from November 25, 2005 through December 31, 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-.M --2— 0.00 in cash or certified funds due at time of execution of this agreement.11J 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. 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 G. 1H I. 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. 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. 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. 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 brooch 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. 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. L 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: Q- J e O'Neill, II, CPPO Director of Purchasing and Risk Management Date: 1 Z f C71 t7� Colorado Carriage and Wagon PRINT NAME `�am TITLE�� Date: 121qA c`j 5 From 11/19/05 at your mailing address shown above. Business Description CARRIAGE OR WAGON RIDES to 11/19/06 MIDDLE PARK AGENCY, INC. 050094 at 12:p1 A.M. Standard Time IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND WE AGREE WITH YOU TO PROVIDE THE INSURANCE STATED IN THIS POLICY, Tax State Co SUBJECT TO ALL THE TERMS OF THIS POLICY, THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS RTS FOR W T HIS RICH A PREMIUM IS INDICATED. PREMIUM MAY BE SUBJECT ADJUSTMENT, Commercial Property Coverage Part PREMIUM Commercial General Liability Coverage Part $ Not Covered $ 660.00 Tax & Fee Schedule $ Policy Fee TOTAL ADVANCE PREMIUM $ 3.096 State Tax $ 125.00 660.00 0 .10$ Stamp Fee 2TOTAL TAXES & 3.55 FEES $ .66 149.21 Form(s) and Endorsements TOTAL $ S944J (01102), IL0017 (11jgsl�soadela Part solos olic 809' 21 13 p p y at time of issue*: ( (04/03), S157 (08/97 , 'Omits applicable Forms 15173 (05/98), S020 and Endorsements if shown ins 1Declar, 5150 (1 1 /971 pecific Coverage Part/Coverage Form Declarations, Countersigned: 11/19/05 PA 7 New ® Renewal ❑ Rewrite -------— ❑ Cross Ref. -- COMMERCIAL LINES POLICY COMMON POLIO `r DECLARATIONS NAUTILUS INSURANCE COMPANY Scottsdale, Arizona Named Insured and Mailing Address own or City, County, Stale, Zip Code) TAMMY RICE DBA:COLORADO CARRIAGE AND WAGON 410 FRANKLIN ST FORT COLLINS, CO BOS21 POhCY NO. NC396327 Insureds Rep: Agent and Mailing Address (No., Street, Town or City, County, Stale, Zip Code) Agency Y No. 051_-= Insurance Services 1020 West 124th Ave., 4100 Westminster, CO 60234 Policy Period By ii>4 THESE DECLARATIONS TOG WITH 7H FORMS) AND O ETHER Countersignature or Authorize IncluCe RMS AND ENDORSEMENTS nIF ON POLICY CONDITIONS, d Representative w s copyrighted material of Insurance Servc es Off ice. COVERAGE PART DEC hichever is applicable iS 944 (O1/97) TO FORM A PART THEREOF LARATIONS, COVER Inc. with its permission. Co ' COMPLETE THE ABOVE AGE PART COVERAGE - INSURED-Pyright, Insurance VE NUMBERED POLICY Services Office, Inc., 1983, 1984 AIN AVE L c n 1-11pr E- MOUNTAINAIVE je Rt ltv. tj E OA9 Sr Vending Sites Feet 0 100 200 400 7 n /A fe' ar_' 1-1-"F NF-5a)Ql) Legend Cubs & Sl-4A-Ak3 �V)41j,,461i- /7-Y