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2 <br />• Changes in the days of usage to match the ERFM's current usage schedule of Saturday <br />and Wednesday; <br />• A rate of $20 per four-hour usage period that is consistent with the standard rate <br />established in the adopted Facilities Use Policy and FY 2011-12 Fee Schedule; <br />• Exception for use of the facility for Hog Day weekend, and possibly every three years, the <br />Orange County Egg Hunt; <br />• Language related to other uses by ERFM, or emergency situations; <br />• Language specifying parking areas and expansion of uses; <br />• Terms regarding insurance provisions, food trucks, sublicenses and annual meeting of <br />parties; and <br />• Change in facility or department names. <br />The draft Agreement has been reviewed by the ERFM Board, and while in agreement with most <br />of the provisions, the ERFM proposes to instead pay an annual fee of $500 for use of the <br />Pavilion (please see attached letter). The letter also asserts that the proposed fee rate in the <br />draft Agreement would put `considerable financial strain' on the Market. <br />Staff contacted the Town of Carrboro regarding a frame of reference for usage fees for the <br />Carrboro Farmers Market, and learned that under that contract, "The Chapel Hill-Carrboro <br />Farmers Market, Inc." pays an annual rate of $2,000 to the Town for use of the market facility. <br />FINANCIAL IMPACT: The draft revised Agreement would institute a usage charge, as <br />anticipated in the 2009 Agreement. This flat rate fee would be $20 for each usage period, which <br />corresponds to $160 per month (assuming four Saturday and four Wednesday rentals). The <br />charge incorporates the established usage rate and method in the adopted FY 2011-12 Fee <br />Schedule and the Facilities Use Policy. The ERFM has proposed an alternative charge of $500 <br />per year ($4.81 per usage or $41.67/month). <br />RECOMMENDATION(S): The Manager recommends that the Board approve the License <br />Agreement and authorize the Chair to sign the Agreement on the Board's behalf. <br />