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HomeMy WebLinkAboutcoa.cclc.ag.11042009COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING 130 S. GALENA SISTER CITIES MEETING ROOM November 4, 2009 8:30 A.M. 8:30 I. Roll call and approval of minutes October 21, 2009. II. Public Comments not on the agenda (please limit your comments to 3 minutes) III. Saturday Market 10:00 V. Adjourn RESOLUTION N0.93 (SERIES OF 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE CONTINUATION OF THE ASPEN SATURDAY MARKET AND THE COMMERCIAL CORE AND LODGING COMMISSION'S ADMINISTRATION OF THE ASPEN SATURDAY MARKET. WHEREAS, the Aspen Farmer's Mazket Group (AFMG) has heretofore been issued a vending agreement from the City of Aspen to operate a farmers market in the commercial core during the years of 1999 through 2006; and, WHEREAS, the Commercial Core and Lodging Commssion has administered the operation of"flte Aspen Saturday Market since the year 2002 pursuant to authorization of the Aspen City Council; and, WHEREAS, pursuant to Section 26.710.140 of the Land Use Code, farmer's -~ markets are a permitted use in the Commercial Core (CC) zone district, provided a vending agreement is approved by the City Council pursuant to Section 15.04.350(B) of the Municipal Code; and, WHEREAS, pursuant to Section 26.208 of the Municipal Code, the City Council may establish terms and limitations of a vending agreement and delegate their authority to the Commercial Core and Lodging Commission for the purpose of administering a vending agreement; and, WHEREAS, the City Council finds that this Resolution fiu-thers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: In accordance with Sections 15.04.350(B) and 26.710.140 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby authorize the continuation of the Aspen Saturday Mazket program (a farmers mazket), approve a vending ageement with the Aspen Farmers Mazket Group, authorize the Commercial Core and Lodging Commission to administer the Market, and authorize the Commercial Core and Lodging Commission to establish and administer vending agreements with individual vendors and ~ groups of vendors: Section l: The Aspen Farmers Mazket Group (AFMG) is hereby granted a vending license to operate vending booths in the Aspen Saturday Mazket, subject to the terms and limitations included herein and the terms and limitations of the vending license agreement, together with the operating rules appended thereto; said vending license and operating rules are attached hereto. The license shall be valid for a period of five (5) market seasons, specifically the 2007, 2008, 2009, 2010, and 2011 mazket seasons; provided, however, Resolution No. ,Series of 2006 Page l ASPEN SATURDAY MARKET VENDING LICENSE AGREEMENT THIS LICENSE AGREEMENT, has been formally entered into this ~'Z day of ~_, 2006, by and between the City of Aspen, a municipal corporation hereinafter "the Cit}~') and the Aspen Farmers Mazket Group (hereinafter "AFMG"): NOW, TI~REFORE, the parties hereby mutually agree as follows: The City hereby grants AFMG permission to establish and operate a booth, or multiple booths as applicable, within the Aspen Saturday Mazket vending area according to the terms and limitations of the Aspen Saturday Market program, as defined by City Council Resolution, series of 2006, and as may be amended from time to time, subject to the following terms and conditions: 1. This License Agreement shall be valid for one (1) year and renewable for five (5) summer market seasons, including the 2007, 2008, 2009, 2010, and 2011 seasons and shall be considered terminated after the close of the 2011 season, unless an extension is mutually ageed upon by both patties. The license shall be automatically renewed; provided, however, that the City does not notify AFMG on or before March 1 of each year that the City shall terminate this license. 2. AFMG acknowledges and accepts that the Aspen City Council has delegated to the Cornmercial Core and Lodging Cotmxtission the authority to administer the operations of the Aspen Saturday Market program. AFMG agrees that the Aspen Saturday Mazket program will be operated in accordance with the limitations, rules and regulations specified in the Mazket Operating Agreement appended to this License Agreement 3. In consideration of the privileges granted by this License Agreement, AFMG shall neither hold nor attempt to hold the City of Aspen or the County of Pitkin liable for any injury or damage, either proximate or remote, occurring through or caused by any use of the aforementioned locations, or for any injury or accident occturing thereon. Further, AFMG by execution of this agreement agees to indemnify and save harmless the City of Aspen and County of Pitkin against any and al] claims for damages or personal injuries arising from the operations of the AFMG hereinabove described whether asserted by AFMG, its agents or employees, its guests or invitees. 4. If legal action is taken by the City to enforce the provisions of this agreement, the City shall be entitled to recover from AFMG its costs, including reasonable attorneys fees. 5. The parties agree that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements contained herein shall be deemed or taken to be a waiver of any succeeding or other breach. 6. AFMG represents and warrants that its operations herein shall be in compliance with all applicable federal, state, and local laws ordinances, regulations, pertaining to the activities of AFMG. Resolution No. ,Series of 2006 Page 1 The privileges granted and conferred by this agreement shall not be transferred or assigned in whole or in part by AFMG. The City hereby reserves the right to revoke this vending agreement at the discretion of the City or if AFMG fails to comply with the Aspen Saturday Market program, as maybe amended &nm time to time. 8. It is expressly agreed that this License Agreement shall not operate or be construed to create a landlord-tenant relationship between the City and AFMG under any circumstances whatsoever. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinafter written. y~- DATE/6'~t'/!"0"~6 , ~l CITY OF ASPEN, COLORADO A Municipal Corporation: ~~ elen K. Klande d, ayor ASPEN FARMERS MARKET GROUP: Dave Whittlcesey, Co-Chairperson APPROVED AS TO FORM: oreestet, City Attorney ATTEST: Kathryn K ity Clerk Resolution No. ,Series of 2006 Page 2 3:00 p.m. on Saturdays of June~July, August, September, and October. Set-up may begin at 7:00 a.m. Any expansion of the market vending area must be approved by the Aspen City Council. Contraction of the market vending area or an amendment to the hours of operation must be approved by the CCLC. Market Layout: The layout of the Aspen Saturday Market, including but not limited to placement and orientation of vehicles, booths, and pedestrian circulation areas, shall be established by the CCLC, in a manner acceptable to the CCLC and the AFMG. The layout shall be established at the beginning of each season and each successive week shall be generally consistent with the original plan. Gray or black paint markings on the street can be used to designate vendor azeas. No other color shall be used to mazk the street (other colors signify subsurface utilities and excavation azeas). Emergency Access: To maintain adequate emergency access, the center sixteen (16) feet of streets utilized by the Aspen Saturday Mazket shall be for pedestrians only and remain free of booths, structures, seating, trash cans, and similaz items that would practically interfere with emergency apparatus. Movable barricades may be placed at either end of the vending area within this clear zone. Yearly Vendor Approval and Reservation Process: The AFMG shall submit to the City each yeaz, no later than Mazch 1~', the expected number, physical extent of AFMG booths, and expected mazket start date. The purpose of the AFMG reservation process is to allow the CCLC to gauge the demand for expanding the vending azea and to determine the number of remaining spaces such that the CCLC may advertise for vendors to operate CCLC-controlled booths. Commercial Core and Lod¢inQ Commission Booths: The CCLC shall select vendors to be determined each year depending upon available space in the Aspen Saturday Mazket and select vendors to operate those booths. Prospective vendors for CCLC booths may acquire application materials from the City Clerk's office and applications shall be submitted to the Clerk, along with any necessary processing fee. Applications will be reviewed by the CCLC at a regulazly scheduled meeting and considered for approval. Criteria for CCLC annroval of Vendors: Each prospective vendor or group of vendors for CCLC-controlled booths shall be evaluated according to the following criteria: • The prospective booth will contribute to a desired liveliness and variety of the Aspen Saturday Mazket. Resolution No. ,Series of 2006 Page 2 the Aspen Saturday Mazket, and any further action deemed appropriate by the Aspen Municipal Court or any other court of competent jurisdiction. Promotion: Any individual vendor or group of vendors may promote the Aspen Saturday Mazket or their booth through various mazketing techniques. The CCLC may use their discretionary funds to promote the Aspen Saturday Market or advertise vacancies in the mazket and the types of desired vendors. Signs: Signs for the Aspen Saturday Mazket shall be the responsibility of the CCLC and shall be of a number, dimension, and style acceptable to the CCLC and comply with Zoning regulations. Signs for individual vendors shall be the responsibility of each vendor and shall not exceed 6 square feet (for example 2 feet by 3 feet). Year-End Review and Amendments to the Market Operating Agreement: Neaz or after the conclusion of each mazket season, the CCLC shall review the mazket program with the City Council for the purpose of discussing the mazket and ways to improve the mazket program through amendments to the Market Operating Agreement or otherwise. The AFMG shall be notified of such meeting and be invited to attend. The CCLC may make adjustments to the Aspen Saturday Mazket program. Such adjustments shall be made after the conclusion of each season unless the issue requires immediate, mid-season changes. The CCLC shall review potential adjustments with the AFMG prior to adoption. Resolution No. ,Series of 2006 Page 4