HomeMy WebLinkAboutResolution 91-051 03/04/1991:-
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Resolution No. 91--51 N.C.s.
of the Gity of Peta{uma, California
RESOLUTION AUTHORIZING USE OF
A STREET PARKING LOT FOR 1991 FARMERS MARKET
WHEREAS, the Petaluma Farmers Market will be starting its fifth year; and
WHEREAS, the City of Petaluma supports and encourages this type of activity
in downtown Petaluma; and
WHEREAS, the Petaluma Farmers Market has requested to operate same
from 2:00 p.m. to 5:00 p.m. from June 1, 1991 to October 26, 1991; and
THEREFORE, BE IT RESOLVED, the City Council of Petaluma hereby
approves the application as stated above and authorizes the Mayor or City Manager to
sign such agreement, attached hereto as Exhibit "A" with the Petaluma Farmers
Market for the 1991 season.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
meetin form
Council of the City of Petaluma at a (Regular) (~41.~41~Rl1~~~~Rl) g
on the ...qtly-...-•----..._.. day of .............~&FGI?...-.....-..............-......-., 19.x.1-., by the
following vote: ---------------------
City Attorney
AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavanagh; Mayor lIilligoss
NOES: 0
ABSENT: Sobel
ATTEST: .-•- -- ...~.~ .......................................................
City Clerk
CA 10-85
Council File.....--°n-----°- C-----------------
Res. No . ..............71.-J.1.. N.C.S.
~X~ )~ ~1 ~r~ ~~ ~o
USE AGREEMENT- WITH PETALUMA FARMERS'
MARKET ASSOCIATION
This Agreement is entered into this .4th day of March ,
1991, by and between PETALUMA FARMERS' MARKET ASSOCIATION, a
California Non-Profit Public Benefit Corporation, ("the Market") and THE
CITY OF PETALUMA ("Owner") .
WITNESSETH:
1. Premises.
The Market shall occupy the "A" Street parking area, located in
the City of Petaluma, California, which is' described in Exhibit "A"
hereto, under the following terms and conditions:
2. Term.
The. area shall be available to the Market on each Saturday of each
and every month commencing Saturday, June 1, 1991, and ending
Saturday, October 26 , 1991, from the hours of 2 : 00 p , m . to 5:00
p.m. only.
3. Use.
Premises shall be used as a Certified Farmers' Market, the purpose
of which is to provide a location for farmers and gardeners to
market their farm products directly to the consumer. The Market
will strive to attract the majority of farmer-sellers from Sonoma
and neighboring counties. Farmers from other northern California
bioregions may also participate in order to increase the diversity
of produce at the Market. -
4. Clean-Up .
The Market .shall be responsible for the clean-up of the premises.
Such clean-up shall be completed no later than 8:30 a.m., the day
following- each Saturday's use of the premises. In the -event such
clean-up is not completed by the Market as described above, .City
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shall have the "right to clean. up the pr-,emises and .the Market shall
be responsible for payment of the City's costs . Those costs shall
be due and payable to City, by the Market, within ten. (10) days
from billing by City.
5. Damages.
Any damages caused to the premises during the time of use by the
Market, or during time of set-up or clean-up, shall be -the respon-
sbili,ty of the Market. Such damage :includes, but is not limited to
the landscaping of the premises . The Market shall either repair
• ~ any such damage. or shall pay City for the cost of repairing. such
damage:. . Whether the Market or City makes the necessary repairs
shall be at the' option -of City. ~ The cost shall be due and payable
to City, by the Market, .within ten (10) days from billing 'by City.
6. Termination.
Either party may terminate this Agreement, at any time, by
,providing the other party with fifteen C15) days' written notice of
such termination..
7. Indemnification.
The Market agrees to hold harmless and defend Owner for any
claim for damages or injury ~ to any. person or to any property
occurring on the premises during the time of use by the Market,
unless such damage or :injury is caused by the sole:. negligence or
unlawful act of the owner, its agents or employees.
8.Insurance.
The Market shall procure and maintain, for the duration of the
contract, insurance against claim's for injuries. to persons or.
damages to property which may arise from. or in connection with
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the Contractor's. operation and use .of ,the premises. The cost of
such insurance shall be ~b'orne by the Market.
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A. Minimum Limits of Insurance.
The Market shall maintain limits no less than
1. Comprehensive General Liability : $1, 000 , 000 combined
single limit per occurrence for bodily injury, personal
injury and property damage..
2. Workers' Compensation and Employer's Liability:
Workers' compensation limits as required by -the Labor
Code of the State of California and Employer's. Iiability
limits. of $1,000,000 per accident.
B . Other Insurance Provisions.
The policies are to contain, or be endorsed to contain, the
following provisions
1. General. Liability Coverage.
a) The City, its. officials, employees anal volunteers
are to be covered as insureds as respects:
Liability arising out of activities performed by or on
behalf of the Market. The coverage shall contain
no special limitations on the scope of protection
afforded to the City, its officials, employees or
volunteers.
b) The Market's insurance coverage shall be primary
insurance as respects the City, its officials,
employees and volunteers. Any insurance or
self-irisu-ranee maintained by the City, its officials,
employees `or volunteers shall be excess of the
Market''`s insurance and shall not contribute with it.
c) Failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
City, its officials, employees or volunteers.
d) Coverage sYiall state' that the Market's insurance
shall apply separately to each insured against whom
claim is made or suit is brought, except with
respect to 'the limits of the insurer's, liability.
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2. Workers' Compensation and Emp;loyer's Liability
Coverage.
The insurer shall agree to waive all rights of "
subrogation against the City, its officials, employees and
volunteers for losses arising ~ from work performed by the
Market for the City..
3. All Coverages.
Each 'insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided., cancelled, reduced in coverage or in limits
excerpt after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given
to the Cit_p.
C . Verification . of Coverage..
The Market shall. furnish the City with certificates of
insurance an,d wi h original endorsements affecting coverage
required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.
The certificates. and endorsements are to be on forms
provided by the 'City and are fo be received and approved by
the City before work commences.
D. Subcontractors.
The Market shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and
endorsements for .each subcontractor. All coverages for
subcontractors shall be subject to , all of the requirements
stated herein,.
9 . Litigation .
In the event legal action is neees~sary to enforce any provision of
this agreement., the ~p_revailing pa.rty~ shall be entitled to recover
reasonable 'attorneys' fees and costs as determined by the Court.
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10. Security.
The security deposit in the amount of $100.00, shall secure the
performance .of the Market's obligations hereunder. Owner may,
but shall not be obligated to, apply all or portions of said deposit
on account of the Market's obligations hereunder. Any balance
remaining upon termination of this Agreement shall be returned to
the Market .•
11. Notices .
Any .notice which either party may or is required to give, may be
given by mailing the same, postage prepaid as follows:
Owner: John Scharer, City Manager
City of Petaluma
Post Office Box 61
Petaluma, California 94953
The Market: Petaluma. Farmers' Market Association
°/a Judy Collins
1275 Eucalyptus Ave
Petaluma, California 9495:2
12. Entire Agreement.
The foregoing constitutes the entire agreement between the parties
and may be modified only by a writing signed by both parties.
WHEREFORE, the parties hereto have executed this Agreement on the
day, month and year first above: written at Petaluma, California.
CITY OF PET LU A
Gity anager
AT EST: ~~~
r .~~/ j ';
City` ler
APPROVED:
~~~ ~-
Finance Office
PETALUMA FARMERS' MARKET
5 farmer's market
AGRtitT4 2/27/91
Ri ;k Manager