HomeMy WebLinkAbout2004-073 Calle Guanajuato 2004-2008 CALLE GUANAJUATO MARKETPLACE
USE PERMIT & SERVICE CONTRACT
The Ashland Parks and Recreation Commission may from time to time
grant to a marketplace promoter, i.e. operator, through a use
permit and service contract, the right to use ahd occupy, under
the terms set forth below, that portion of Calle Guanajuato
designated by the Ashland Parks and Recreation Commission. The
use under this permit and contract shall be for the sole purpose
of sale by vendors selected by the Marketplace promoter which is
created and handcrafted by the market vendors or performing
artists and which meet the Calle Guanajuato MarketplaCe
Promoter's Guidelines, including the right to erect on
Marketplace space a structure to protect and display such
merchandise.
II.
INDEMNIFICATION: The Calle Guanajuato Marketplace promoter shall
defend, indemnify and hold the City of Ashland and the Ashland
Parks and Recreation Commission, their officers, agents and
employees harmless from and against all losses, claims, actions,
liabilities, costs, judgments, or other damages to any
Marketplace vendor, participant or other person of whatsoever
nature, or in any way related to this permit and contract, the
operation of the Marketplace, or other agents, officers and
contractors arising out of or incident to this use permit and
service contract. In the event any such action or claim is
brought against the City and the Commission, the Marketplace
shall, if the City and the Commission so elects and upon tender
by the City and the Commission, defend the same at the
Marketplace promoter's sole cost and expense, promptly satisfy
any judgment adverse to the City and the Commission or to the
City and the Commission, and the Marketplace, jointly, and
reimburse the City and the Commission for any loss, cost damage
or expense, including attorney fees, suffered or incurred by the
City and the Commission. The Marketplace is not required to
indemnify the City and the Commission for damages caused solely
by the negligence of the City and the Commission, their officers,
agents, or employees.
INSURANCE: The Calle Guanajuato Marketplace promoter shall, at
its own expense, at all times during the duration of this use
permit and service contract, maintain in force the insurance
coverages specified as follows: a comprehensive general liability
policy including coverage for contractual liability for
obligations assumed under this use permit and service contract,
blanket contractual liability, products and completed operations,
owner's and contractor's protective insurance and comprehensive
automobile liability policy including owned and non-owned
automobiles. The liability under each policy shall be a minimum
of $500,000 per occurrences (combined single limit for bodily
2004-08 CALLE GUA_NAJUATO MARKETPLACE USE PERMIT/SERVICE CONTP~ACT
injury and property damage claims) or $500,000 per occurrence for
bodily injury and $100,000 per occurrence for property damage.
Such limit shall automatically increase in the event of any
change in the provisions of ORS 30.270, or in the event these
limits are found to be not totally applicable to a city. Each
policy shall contain a contractual liability endorsement to cover
the Marketplace's indemnification obligations under this use
permit and service contract. Certificates of insurance acceptable
to the Ashland Parks and Recreation Commission shall be filed
with the Commission prior to the commencement of any activities
by the Calle Guanajuato Marketplace promoter under this use
permit and service contract, and at any time thereafter during
the duration of this permit and contract when any insurance
policy required by these provisions is renewed or renegotiated.
Written verification shall be required of the Marketplace
promoter to provide documentation that the insurance policy is in
effect. Unless otherwise specified, each policy shall be written
on an "occurrence" form with an admitted insurance carrier
licensed to do business in the state of Oregon and shall contain
an endorsement entitling the City and the Commission to not less
than 30 days' prior written notice of any material change, non-
renewal or cancellation. The City of Ashland and the Ashland
Parks and Recreation Commission, its officers, employees and
agents shall be named as additional insureds, in a form
satisfactory to the City and the Commission, and expressly
providing that the interest of the City and the Commission shall
not be affected by the Marketplace's breach of each policy's
provisions.
In the event the statutory limit of liability of a public body
for claims arising out of a single accident or occurrence is
increased above the combined single limit coverage requirements
specified, City and Commission coverages to the statutory limit
for such claims and to increase the aggregate coverage to twice
the amount of the statutory limit. The adequacy of all insurance
required by these provisions shall be subject to approval by the
City's Risk Manager. Failure to maintain any insurance coverage
required by this permit and contract shall be cause for immediate
termination of this agreement by the City of Ashland and the
Ashland Parks and Recreation Commission.
III. SPECIAL TERMS ARE AS FOLLOWS:
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MARKETPLACE FEES: The Marketplace promoter will pay to the
Ashland Parks and Recreation Commission a 2.5 percent fee of
all Calle Guanajuato Marketplace monthly vendor gross sales
receipts to be paid by the l0th working day of each month.
This will be for a five (5) year use permit & service
contract with the duration beginning each May 1 and
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2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT
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concluding each October 31 for the following years: 2004,
2005, 2006, 2007 & 2008.
BOOTH FEES: Each Calle Guanajuato Marketplace vendor may use
and occupy a market space designated by the Marketplace
promoter and allocated by the Ashland Parks and Recreation
Commission as useable market space on Calle Guanajuato and
agrees to furnish everything necessary for its marketing
ventures. For actual booth space use on Calle Guanajuato,
each vendor shall refer solely to the Calle Guanajuato
Marketplace promoter for site determination and payment. The
Marketplace promoter retains all booth fees and all rights
to booth fee price setting.
APPLICATION FORM and REGISTRATION/JURY FEES: Each
Marketplace vendor will be required to complete and sign a
Calle Guanajuato Marketplace application form with the
Marketplace promoter. At the time the application is
submitted a (current) registration fee and current non-
refundable jury fee will both be collected by the
Marketplace promoter in the form of two (2) separate checks.
Both of these fee charges are set and retained by the
Marketplace promoter. An individual vendor application form
will be kept on file by the Marketplace promoter for the
duration of the current market season which shall be
available to the Ashland Parks and Recreation Commission
upon request.
GROSS RECEIPTS: The Calle Guanajuato Marketplace promoter
shall maintain and keep proper account books, records and
other papers pertaining to Marketplace gross receipts per
season. Ail Marketplace promoter books, records and other
papers shall be held available at a location reasonably
accessible to the Ashland Parks and Recreation Commission,
who may in turn inspect these during reasonable times to
verify promoter's and/or vendors' gross sales receipts.
For each Marketplace day hereafter that the Ashland Parks
and Recreation Commission grants use of a Calle Guanajuato
market space to the Calle Guanajuato Marketplace promoter,
the terms of this permit and contract shall be effective.
The Ashland Parks and Recreation Commission shall have no
obligation to hereafter grant such a use permit and service
contract.
THE FOLLOWING SHALL IN ALL CASES BE BINDING UPON THE
PARTIES:
1. This use permit and service contract is valid only for five
(5) Saturday/Sunday market seasons beginning each May 1 and
ending each October 31 for the years 2004-2008. Any default
by the Calle Guanajuato Marketplace promoter and/or
CALLEkMKTPL 04.08 PAGE 3 OF 9
2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTP~ACT
vendor(s) of this use permit and service contract shall be
cause for revocation of the use permit and service contract
by the Ashland Parks and Recreation Commission.
2. The Ashland promoter shall not assign, sublease or in any
way transfer the use permit and service contract; any
attempt to do so shall result in the immediate termination
of this use permit and service contract by the Ashland Parks
and Recreation Commission.
3. The federal and special statues or ordinances regarding
public health, safety and welfare, and use of the Calle
Guanajuato market space in a reasonable and non-offensive
manner subject to the policies and rules of the Ashland
Parks and Recreation Commission in effect on date of use.
4. The Calle Guanajuato Marketplace shall be operated in
accordance with the Marketplace Promoter's Proposal and
Marketplace (promoter's) Vendor's Information Handbook
submitted to and approved by the Ashland Parks and
Recreation Commission prior to any confirmation of this use
permit and service contract.
5. The Calle Guanajuato promoter (vendors) shall not set up
booths, tables and/or other mechanisms for selling prior to
8:00 a.m. during the designated market season(s). This time
will be strictly enforced and any deviation and/or violation
may result in immediate cancellation of the use permit
and/or market vendor's space allocation. The Marketplace day
will conclude at 7:00 p.m.
Weekend selling hours will be:
Sat. 10 a.m. - 6 p.m.
Sun. 11 a.m. - 5 p.m.
6. The Calle Guanajuato Marketplace promoter may allow each
market vendor to construct a structure in accordance with
size and safety specifications as found in the Calle
Guanajuato Marketplace (promoter's) Vendor Information
Handbook. Ail booths shall be kept neat with tables covered
and boxes out of sight. The Marketplace promoter shall, at
all times, ensure that such structures shall not encroach
upon or obstruct public walkways or open space areas while
maintaining a clear 12-foot pathway for emergency vehicles
as approved by the City of Ashland fire chief. Each fire
hydrant shall have a clear, unobstructed space maintained
around it as required for fire safety. The Marketplace
promoter shall further have available such fire
extinguishers as determined by the fire chief. Ail market
vendors shall also abide by the "no smoking" rules near
Calle buildings and within market booths vicinities.
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2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTP_ACT
The Marketplace promoter shall promptly see to the removal
of any offensive structure upon request of the Ashland Parks
and Recreation Commission. Any violation of these fire and
structure safety requirements may result in immediate
cancellation of the use permit and service contract, and/or
market vendor's space allocation. The Marketplace promoter
and market vendors shall be required to meet, annually, with
the City of Ashland Fire Department in order to identify and
coordinate fire safety regulations for the market on Calle
Suanajuato.
7. The Calle Guanajuato Marketplace promoter shall not allow
market vendors to use any bottled gas, electrical devices,
or hazardous materials without prior approval by the Ashland
Parks and Recreation Commission. Permission shall also be
obtained from the Commission prior to any type of sign
and/or marking placed on Calle Guanajuato for market
purposes. The Marketplace promoter(vendors) shall not injure
or in any way deface Calle Guanajuato premises and shall not
cause or permit anything to be done whereby such premises
may in any manner be injured or defaced. The Calle
Guanajuato Marketplace promoter shall indemnify and hold the
Ashland Parks and Recreation Commission harmless from all
damages for injury to the premises or permitted by the
Marketplace promoter.
8. The Ashland Parks and Recreation Commission will issue six
(6) Calle Guanajuato Vehicle Access Permits to the Calle
Guanajuato Marketplace promoter for market vendors' and/or
plaza merchants' use. These vehicle access permits shall be
valid only between each May 1 and each October 31 of 2004-08
on the following days and 'times: 6:30 p.m. to 7:30 p.m.
(Sat.) and 5:30 p.m. to 6:130 p.m. (Sun.) Both ingress and
egress for vehicles will be only off Winburn Way. Vehicles
will not enter or exit from the plaza end of Calle
Guanajuato; nor will they ,extend beyond the area designated
for Marketplace use. The Commission will reserve the right
to revoke the vehicle access permits at any time. At no time
will the Marketplace promoter, vendors and/or plaza
merchants who use a vehicle access permit interfere with the
12-foot path required for emergency vehicles.
The Marketplace promoter will be responsible for issuing the
vehicle access permits and shall do so in such a manner as
not to cause traffic congestion nor to disrupt free movement
along the 12-foot emergency vehicle pathway. The Marketplace
promoter shall also be held accountable for insuring that
appropriate pedestrian safety precautions are maintained
while vehicles using the access permits are in the area.
9. The Calle Guanajuato Marketplace promoter shall be
responsible to see that vendors refrain from utilizing the
following prohibited parking locations: Granite Street and
Winburn Way. The promoter will also maintain a vehicle
CALLE\MKTPL 04.08 PAGE 5 OF 9
2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT
license number list of all market vendors which shall be
made available to the Commission upon request.
10. The Calle Guanajuato Marketplace promoter shall be
responsible for designating a person to both monitor and
attend to the Calle Guanajuato public restrooms during the
hours of market operation. The Marketplace promoter shall
advise the Ashland Parks and Recreation Department, in
writing, of the designated person's name and hours the
person will be on duty. The Marketplace promoter may fulfill
this requirement by requesting the Parks and Recreation
Department to perform such services. If so, the promoter
shall pay the department by the 10th of the month following
the month in which the services were performed. Any problems
with the Calle restrooms shall be immediately reported to
the Parks and Recreation Department.
11. The Calle Guanajuato Marketplace promoter (and/or promoter's
designated representative) shall be held accountable for
cleaning and removing all refuse from the Calle Guanajuato
Marketplace, including the Calle restrooms, each day within
two (2) hours after the Marketplace closure. Clean-up shall
be done to the standards set by the Commission.
Upon failure to properly clean the area, the Commission may
utilize Ashland Parks and Recreation Department employees te
implement the cleaning. If so, the Harketplace promoter
shall pay to the Commission $40 per hour per employee. This
payment shall be made to the Ashland Parks and Recreation
Department within three (311 days after the Marketplace
promoter is notified ef charges.
The Marketplace promoter shall provide refuse receptacles as
needed to keep the Calle area in a clean and neat order
during the Marketplace hours of operation, and shall have
the refuse collected as soon as possible consistent with
normal operations of the sanitary service. The Marketplace
shall refrain from using any trash receptacles which belong
to or are along any of the plaza business establishments.
12. The Calle Guanajuato Marketplace promoter shall operate the
Marketplace and cause the market vendors, their assistants
and/or family members to operate and interact with plaza
business establishments in a manner that will not conflict
with access and/or business functions on Calle Guanajuato.
13. The Ashland Parks and Recreation Commission assumes no
responsibility whatever for any Calle Guanajuato Marketplace
property placed upon Calle Guanajuato premises. The
Marketplace promoter agrees to indemnify the Ashland Parks
and Recreation Commission against all loss and damage to
market vendors' property sustained by reason of occupancy by
the market vendors of the premises or any portion hereof.
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2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT
14. Should the Calle Guanajuato Marketplace promoter (vendor(s)
at any time occupy the premises in a manner contrary to this
permit and contract, or any policies and rules of the
Ashland Parks and Recreation Commission, or in any manner
which is hazardous or offensive to the public, other market
vendors, and/or plaza business merchants, upon request of
the Commission, the Marketplace promoter (vendor(s) shall
immediately cease such conduct. Failure to immediately
conform one's conduct as requested shall be cause for
revocation of this use permit and service contract, and/or a
market vendor's space allocation. Upon revocation, the
Marketplace promoter (vendor(s) shall promptly vacate the
Calle Guanajuato premises. Upon failure to vacate, the
Ashland Parks and Recreation Commission is authorized to
remove all Marketplace promoter's and/or market vendor(s)
property from the premises at the Marketplace promoter's
expense. The Ashland Parks and Recreation Commission is
relieved and discharged from all loss of damage occasioned
by such removal, and shall not be responsible for safe-
keeping of property so removed.
15. Failure or delay of the Ashland Parks and Recreation
Commission to require performance of any provision of this
permit and contract shall not limit the right to later
enforce that or any other provision.
16. In the event of any action to enforce or interpret this use
permit and service contract, the prevailing party shall be
entitled to recover from the losing party reasonable
attorney fees incurred in the proceeding, as set by the
court, at trail, on appeal or upon review.
17. This permit and contract by reference includes the
provisions contained within the (current) Calle Guanajuato
Marketplace (promoter's) Vendor Information Handbook, the
(current) Marketplace Promoter's Proposal and related
Ashland Parks and Recreation Commission communication. Such
provisions may be periodically revised by the Ashland Parks
and Recreation Commission during the Calle Guanajuato
Marketplace season. It is 'the responsibility of the
Marketplace promoter to be aware of and comply with all
Ashland Parks and Recreation Commission policies and rules.
18. Plaza restaurants shall have sole rights to serve food or
edibles of any type whether hot, cold, freshly prepared or
packaged and/or beverages on Calle Guanajuato. No other
Plaza business merchant, any commercial establishment and
merchant, or 2004-08 Calle Guanajuato Marketplace and/or
Calle Guanajuato Marketplace vendor shall be allowed to
serve any type of prepared or packaged food or edible and/or
beverage on Calle Guanajuato.
CALLE\MKTPL 04.08 PAGE 7 OF 9
2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT
IV.
Vo
VI.
That is: It shall be unlawful for any person to sell, offer
for sale, expose for sale or solicit offers to purchase any
food or edible product of any kind on any portion of Calle
Guanajuato except if a person is a plaza restaurant owner
and is duly licensed and issued an Ashland Parks and
Recreation Commission's restaurant site permit or is an
employee ef this owner who is duly licensed and has been
issued a restaurant site permit in accordance with the
"Restaurant Site Permit Agreement" set forth by the Ashland
Parks and Recreation Commission.
Any person attempting to so without duly being issued a City
of Ashland (restaurant) business license and a Commission
restaurant site permit shall be required to immediately
cease all such activity by the Ashland Parks and Recreation
Commission.
It should be further clarified that the Ashland Parks and
Recreation Commission asks the Calle Guanajuato Marketplace
promoter to convey to all Calle Guanajuato Marketplace
vendors that food, edibles and beverages may be pre-ordered,
delivered and consumed at Calle Guanajuato with the
understanding that all payments to the solicited, delivering
establishment(s) and/or merchant(s) be made outside of
Calle's boundaries.
INTEGRATION: This use permit and service contract embodies the
entire agreement of the parties.. There are no promises,
conditions or obligations other than those contained herein. This
permit and contract shall supersede all prior communications,
representations or agreements, either oral or written, between
the parties. This permit and contract shall not be amended except
in writing, signed by both parties.
From time to time the parties may choose by mutual consent to
modify the contract. Such modification will be made by addenda
which will become a part of the agreement the same as though it
had been an original part of the agreement. Such addenda shall
be dated and signed by both par'~ies and attached to the original
agreement.
INTERPRETATION: This use permit and service contract shall be
governed by and interpreted in accordance w~th the laws of the
state of Oregon. The parties to this permit and contract do not
intend to confer on any third party any rights under this
contract.
TERMINATION: Notwithstanding any other provision hereof to the
contrary, this use permit and service contract may be terminated
as follows:
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The parties, by mutual written agreement, may terminate this
use permit and service contract at any time.
CALLE\MKTPL 04.08 PAGE 8 OF 9
2004-08 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT
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Either party may terminate the agreement by written notice
personally delivered or upon deposit in the United States
mail, postage fully prepaid, certified, return receipt
requested, addressed to:
Commission:
Ashland Parks and Recreation Commission
340 South Pioneer Street
Ashland, Oregon 97520
Marketplace:
Lithia Arts Guild of Oregon, Incorporated
1102 Holton Rd.
Talent, Oregon 97540
or such other address as either party may provide to the
other by notice given in accordance with this prevision.
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The Commission or Marketplace promoter may terminate this
permit and contract at any time or for any reason upon not
less than 60 days written notice pursuant to paragraph VI B,
in advance of the termination date.
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Upon termination of this use permit and service contract,
the Calle Guanajuato Marketplace promoter shall yield up the
Calle Guanajuato Marketplace site in as good order and
condition as when the same was first allocated to the
Marketplace promoter.
VII. EFFECTIVE DATE: The effective date of this Calle Guanajuato use
permit and service contract shall be the latest date of signature
by the parties.
By signing below, the Calle Guanajuato Marketplace promoter
agrees to the terms set forth above by the Ashland Parks and
Recreation Commission.
ASHLAND PARKS AND RECREATION
COMMISSION
By:
(S~g%hture)
(Print or type name)
Date: 15/' 5/'~ ,~
CALLEkMKTPL 04.08 PAGE 9 OF 9