2023 Farmers Market Agreement1
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USE AGREEMENT
THIS USE AGREEMENT (“Agreement”) is made the 13th day of April, 2023, (the “Effective Date”)
by and between the CITY OF CHANHASSEN, a Municipal Corporation, located at 7700 Market Boulevard,
Chanhassen, Minnesota 55317 (“City”), and the CHANHASSEN FARMERS MARKET, a non-profit
association, located at PO Box 103 Chanhassen, MN 55317 (“Market”).
WHEREAS, the Market is an association of individuals who produce fruits, vegetables, and other
grown products and hand-crafted items, which are sold to the general public at open-air markets;
WHEREAS, both parties desire that the Market operates a Farmers’ Market in the City, in order to
provide an opportunity to sell the Market’s products and afford the City and its residents opportunities
for civic engagement and commerce.
NOW, THEREFORE, in consideration of the mutual benefits received by both parties, it is agreed:
1. The City will grant the Market exclusive use of the south portion of the parking lot at City Center
Park, as shown on the attached Exhibit A (“Use Area”) to operate a Saturday Farmers Market
(“Farmers Market”) (i.e., erect stands and sell products to the general public), as permitted herein.
2. The Farmers Market shall be subject to the following:
a. For each day of operation of the Farmers Market, the Market will provide cones and
blockades for the purpose of demarcating the Use Area. The Market shall place them
where needed and remove them at the end of each sale day.
b. The Market shall ensure any and all individual vendors operating at the Farmers Market
to meet all state licensing and other requirements and regulations that are applicable to
them.
c. The Market shall ensure any and all Food Trucks operating at the Farmers Market will
meet all state licensing and other requirements and regulations that are applicable to
them.
3. The right to utilize the Use Area for the Farmers Market shall commence on June 3, 2023, and
shall terminate on September 29, 2023.
4. The operation of a Farmers Market in the Use Area is also subject to the following conditions:
a. The operation of a Farmers Market is limited to Saturdays between the hours of 9:00 a.m.
and 1:00 p.m. The operation of community yoga, as part of the Farmers Market, will be
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limited to 8:15-9:00 a.m. A setup period of 7:00 a.m. to 9:00 a.m. and a teardown period
of 1:00 p.m. to 2:00 p.m. will be permitted for individual vendors.
b. No individual vendor shall be allowed within the right-of-way of Market Boulevard.
c. The Market individual vendors shall furnish appropriate refuse containers, as required by
the City, and remove refuse and other waste material after each Farmers Market.
d. The Market shall utilize portable restrooms already on-site in City Center Park.
e. The Market shall provide a market manager (“Manager”) to represent the Market on the
site during each Farmers Market. The Manager or the Manager’s designee shall be
responsible for all advertising, administrative activities, promotions, and communications
with the City and the general public concerning sale activities at the Farmers Market.
f. The Market shall be responsible to ensure that its operation of a Farmers Market is in
compliance with, at all times, local, state and federal rules and regulations.
g. The Market shall allow the City and the Chanhassen Library to, at various times, display
and/or sell various items pertinent to their operations, without cost to the City or
Chanhassen Library.
h. The Market shall submit an annual report to the City by December 31, 2023. The report
shall include number of markets held, estimated weekly attendance, number of total
vendors, number of food, craft, and nonprofit vendors, partnerships, and highlights from
the 2023 season.
5. The Market may not sub-lease or otherwise assign this Agreement. This Agreement shall not be
deemed an approval for any other permits of approvals required by the City and/or any other
governmental entity for the operation of the Farmers Market.
6. The Market shall indemnify, defend, and hold the City, and its respective officers, employees, and
agents, harmless from and against any and all losses, claims, actions, and expenses that may arise
from or out of the activities conducted or carried on by the Market directly or indirectly in any
respect whatsoever related to the Market’s operation of a Farmers Market within the Use Area.
7. The Market will sign a waiver, waiving any claims the Market might have against the City, as well
as defend and indemnify the City for any claims that arise against the City from third parties.
8. Individual vendors of the Market will sign a waiver, waiving any claims the vendor might have
against the city, as well as defend and indemnify the City for any claims that arise against the City
from third parties, OR provide a certificate of insurance, naming the City as additional insured.
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9. The City may terminate this Agreement at any time with or without cause by giving 30 days
written notice to the Market at the address indicated above. Sections 5 and 6 of this Agreement
shall survive termination.
10. The City retains the right to close any individual vendor of the Farmers Market for any reason with
one week’s notice.
11. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the
State of Minnesota.
12. This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
13. Any modification of this Agreement or additional obligations assumed by either party in
connection with this Agreement shall be binding only if evidenced in writing signed by each party
or an authorized representative of each party.
14. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed
sufficiently given when sent by U.S. Mail or hand-delivered to the respective address of each party
as set forth in the beginning of this Agreement.
15. The parties acknowledge that this Agreement is an agreement to operate a Farmers Market in the
Use Area described herein and does not confer any estate or interest to the Market in the City’s
property, nor does it create a partnership or joint venture between the City and the Market. All
costs of doing business, including but not limited to supplies and equipment, will be the sole
responsibility of the Market at its sole expense.
IN WITNESS WHEREOF, the parties have signed this Agreement.
CITY OF CHANHASSEN CHANHASSEN FARMERS MARKET
By:________________________________ By:______________________________
Elise Ryan, Mayor
Print Name:____________________
And:________________________________ Its: President
Laurie Hokkanen, City Manager
DocuSign Envelope ID: 696B56C0-3836-4971-9016-5F3243D6BFC8
Chanhassen Farmers' Market
DocuSign Envelope ID: 673D5519-8EA2-466B-9DAB-51111105000E
4/25/2023
4/25/2023