Agenda - 05-05-2009 - 4o - Laserfiche WebLink

Browse Search

ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May, 5, 2009 Action Agenda Item No. ~ - ~ SUBJECT: Eno River Farmers' Market License Agreement Approval and Appropriation to the Eno River Farmers' Market, Inc. DEPARTMENT: N. C. Cooperative Extension PUBLIC HEARING: (Y/N) No ATTACHMENT(S): License Agreement INFORMATION CONTACT: Dr. Fletcher Barber, Jr., 245-2050 PURPOSE: To 1) approve a License Agreement between the County and the Eno River Farmers' Market, Inc., anon-profit corporation; 2) approve the waiver of the annual license fee of one dollar per year for the initial three-year term; and 3) approve aone-time appropriation of $5,000 to the Eno River Farmers' Market, Inc. for the initial cost of a Market Manager. BACKGROUND: At the January 22, 2009 Board of County Commissioners meeting the Board unanimously approved the transition of The Orange County Farmers' Market at the Public Market House to an independent organization as recommended by the Orange County Farmers' Market at the Public Market House Interim Oversight Committee Further, the Board directed the Manager to develop a contract between Orange County and the Eno River Farmers' Market, Inc. for the operation of the Market. The contract needed to include the Eno River Farmers' Market, Inc. providing $1 million of liability insurance for the County. Based on staff and County Attorney discussions since January 22"d, a license agreement has been developed and reviewed by the County Attorney with input from representatives from the Eno River Farmers' Market, Inc. A "license" rather than a "lease" is proposed because a license is generally used when one party is giving another permission to do something on property (as is the case with the use of the Market House) whereas a lease conveys an interest in property with a continuing right of possession. County staff has also received a copy of the Certificate of Insurance verifying the required general liability insurance coverage of $1 million. The proposed License Agreement is for an initial term of three (3) years and allows the Eno River Farmers' Market to have exclusive use of the Public Market House during the following days and times: (A) Every Saturday during the hours of 6:00 AM - 1:00 PM; (B) Every Tuesday during the hours of 4:00 PM - 6:00 PM; and (C) Additional days and times throughout the calendar year to serve such specialty and holiday markets on a "first come first serve" basis as scheduled with the Orange County Parks and Recreation Department.