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<br />AGREEMENT <br /> <br /> <br />THIS AGREEMENT <br /> (“Agreement”) made this 4th day of May, 2015, by and <br />CITY OF ELK RIVER, <br />between the a Minnesota municipal corporation (“City”), and Mark <br />Humphry (“Contractor”). <br /> <br />RECITALS <br /> <br />th <br /> A. The City owns and operates the Youth Athletic Complex located at 9850 165 <br />Avenue, Elk River, Minnesota (“YAC”). <br /> <br /> B. The Contractor agrees to operate a concession stand at the YAC. <br /> <br />NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br /> <br /> <br />1. TERM. <br /> The term of this Agreement shall be in effect during the year 2015, <br />commencing May 4, 2015, but may be terminated by either party with or without cause upon <br />sixty (60) days advance written notice. Contractor will pay a fee of $12 per week for the right to <br />operate within the YAC. Payment is due monthly. Contractor will only pay for weeks they <br />operate the concession stand. Upon expiration or termination of this agreement, Contractor shall <br />remove all of its equipment from the YAC within ten (10) days. <br /> <br />2. CONSTRUCTION AND INSTALLATION. <br /> The City must approve any capital <br />improvements changes to structure or existing equipment, service to existing equipment, or <br />addition of new equipment. At the end of this Agreement any work becomes City property <br />Contractor shall obtain and pay for all necessary building, electrical, and plumbing permits. The <br />construction shall be made on lien free basis and the Contractor shall notify all construction <br />contractors that they cannot file mechanics liens or other liens against the YAC. Contractor shall <br />promptly cause any mechanics lien or other lien filed against the YAC to be removed at its sole <br />cost and expense. The City shall have the right to notify all construction contractors that no liens <br />may be filed against the YAC and that the City shall not be liable for any of the cost related to <br />the construction. <br /> <br />3. OPERATION OF THE CONCESSION STAND. <br /> Contractor shall operate the <br />concession stand, retain all revenue for the stand, and shall: <br /> <br /> <br /> <br />Obtain all necessary permits from the Department of Health and operate the <br />concession stand in accordance with the regulations of the Health Department. <br /> <br /> <br />Provide staffing for the concession stand and ensure that the staff is properly trained. <br /> <br /> <br />Be solely responsible for security of the concession stand including the inventory and <br />any loss, damage, or destruction. <br /> <br /> <br />Clean the concession stand and all accompanying equipment and serving areas. <br /> <br /> <br />Comply with all procedures and policies set by the City pertaining to the operation of <br />the concession stand. <br /> <br /> <br />Provide any food preparation equipment. <br />181405v1 1 <br />