Agenda - 03-13-2012 - 5j - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 13, 2012 Action Agenda Item No. `~j - ~ ~- SUBJECT: License Renewal for Farmers' Market Pavilion - Eno River Farmers' Market, Inc. DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No Parks & Recreation (DEAPR), Asset Management Services (AMS), & County Attorney ATTACHMENT(S): INFORMATION CONTACT: Current License Agreement (2009) David Stancil, DEAPR, (919) 245-2522 Draft New License Agreement John Roberts, County Attorney, (919) Letter from Eno River Farmers' Market 245-2318 PURPOSE: To consider renewal of the license agreement for the Eno River Farmers' Market Inc., for use of the Farmers' Market Pavilion through March 31, 2015 (existing agreement expires April 1, 2012). BACKGROUND: On May 5, 2009 Orange County entered into a License Agreement (attached) with Eno River Farmers' Market, Inc. (ERFM for short), for use of the structure now known as the Farmers' Market Pavilion. The Pavilion is located within the County's RiverPark, and is just south of East Margaret Lane behind the Orange County District Attorney's office. The new draft License Agreement (attached) reflects a number of changes that would be implemented. The current 2009 Agreement was the initial agreement for use of the facility for the farmers' market, and it allowed for a number of special provisions, including no charge for the facility usage and waiver of the license fee. However, the current Agreement also recognized that these concessions were only for the initial three-year term, as reflected in language contained within Section Four of the Agreement: "However, the parties understand and agree that the payment terms described herein reflect a concession on the part of the County in order to continue its assistance in establishing a viable farmers market. The payment for the license following the expiration of the initial three-year term is likely to be increased at that time to the then current rate charged to other groups of individuals using the market house. " To this end, the new Agreement provides for: