Our mission in making this space available for rental is to provide our community with fresh, local, food options and also showcase unique artisan products from local businesses. We hope to impact the health and diet of our community, and to bring an atmosphere where community members can gather and meet not only neighbors but also local farmers & businesses.
*Reservation of the Market Site must be made a month in advance (30 Days)*
(FOR TEMPORARY USE OF BEXAR COUNTY PARKS)
This License Agreement (the “Agreement”) by and between the County of Bexar, a political subdivision of the State of Texas (the “County”), acting by and through its Commissioners Court, and the MARKET OPERATOR, hereinafter called the “Licensee,” for the following express purposes and under the following conditions. For the purposes of this Agreement, the County and Licensee shall be collectively called the “Parties.”
A. The Licensee is [describe the Market Operator].
B. The Licensee desires to temporarily use Mission County Park, Rodriguez Park, Bullis County Park, or Comanche Park. ("Market Site" or "Property(ies)" to operate a Market.
C. Pursuant to Texas Local Government Code section 332.002, the County may provide recreational facilities, and desires to permit use of the Properties to provide the community with fresh, local, food options and also showcase unique artisan products from local businesses.
NOW THEREFORE, the Parties agree as follows:
I. GRANT AND TERM OF LICENSE
1.1 Period of Use. Subject to Licensee's compliance with the various terms, conditions, and provisions contained in this Agreement, the County hereby grants to Licensee a personal, limited, revocable, and non-exclusive license to temporarily use the Market Site on the date(s) listed in the License.
1.2 Location of Properties. Licensee is permitted to use the Market Site, which are described in the Bexar County Market Guidelines.
1.3 Use of Properties. Use of the Market Sit does not provide any ownership rights or exclusive use of the Market Site to Licensee. This Agreement does not limit the County’s right of entry onto the Market Site during the course of the temporary use.
1.4 Purpose of License. Licensee is to operate a Market in accordance with Bexar County Parks & Recreation’s Market Guidelines (“Guidelines”) and Code of Regulations (“Regulations”).
1.5 Condition of Property. Licensee expressly covenants that it shall return the property to the same condition that existed on the property at the beginning of the temporary use. This includes removing any debris or trash not previously present on the property. This also includes repairing any conditions on the property caused by Licensee's use that could affect the health and safety of future users, including holes, ditches, or other physical hazards.
1.5 Consideration. Licensee shall be required to submit consideration for temporary use of the Market Site.
1.6 INDEMNITY. EXCEPT TO THE EXTENT EITHER PROHIBITED OR LIMITED BY THE TEXAS CONSTITUTION OR OTHER APPLICABLE TEXAS LAW, ON BEHALF OF ITSELF, ALL PARTICIPANTS, PERSONAL REPRESENTATIVES AND SUCCESSORS, LICENSEE COVENANTS AND AGREES TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS, COUNTY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF COUNTY, INDIVIDUALLY AND COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON COUNTY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO LICENSEE’S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF LICENSEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, OR MEMBER OF LICENSEE'S ORGANIZATION, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, REPRESENTATIVES, AND MEMBERS WHILE USING THE PROPERTY AS SPECIFIED UNDER THIS AGREEMENT. IN THE EVENT LICENSEE AND COUNTY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO COUNTY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.
IT IS THE EXPRESS INTENT OF THE LICENSEE TO RELEASE THE COUNTY FROM ANY AND ALL CLAIMS ARISING FROM ITS ENTERING ONTO THIS PROPERTY REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF COUNTY, ITS AGENTS OR EMPLOYEES.
The provisions of this INDEMNITY are s lely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall advise County in writing within 24 hours of any claim or demand against County or Licensee known to Licensee related to or arising out of Licensee's activities under this Agreement and shall see to the investigation and defense of such claim or demand at Licensee's cost. County shall have the right, at its option and at its own expense, to participate in such defense without relieving Licensee of any of its obligations under this paragraph.
1.7 Waiver and Release. Prior to Market Participants, as this term is defined in the Guidelines, entering the Properties, Licensee shall confirm that the Market Participants have signed a release in substantially the same form as set the provided by County.
1.8 Insurance. By signing this agreement, Licensee specifically agrees that it has adequate insurance to cover any injury or damage that may be caused or suffered while on the Property, and agrees to bear the costs of such injury or damage. Licensee has sufficient insurance to meet the minimum requirements in Exhibit “D.” A copy of Licensee's insurance is attached hereto as Exhibit “E.”
2.1 No Partnership. This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture, or a trust between the Parties.
2.2 Cooperation. The County and Licensee agree to reasonably cooperate with each other in good faith at all times between the effective date and the conclusion of the Period of Use contained in Section 1.1, above, in order to achieve the purposes and intent of this Agreement.
2.3 Notice. Unless otherwise specified, written notice will be deemed to have been duly served if delivered in person to the designated recipient or sent by U.S. certified or registered mail to the last business address as listed herein.
Bexar County: Judge Peter Sakai
Bexar County Commissioners Court
Paul Elizondo Tower
101 W. Nueva, Suite 1019
San Antonio, Texas 78205-3482
With a copy to: Bexar County Parks & Recreation Department
Bexar County Courthouse
100 Dolorosa, Suite 311
2.4 Entire Agreement; Modification; Assignment. This Agreement represents the entire and integrated agreement between the Parties regarding the subject matter addressed herein and supersedes all prior proposals, negotiations, representations, understandings and agreements, either written or oral, between the Parties. There is no other collateral agreement, in oral or written format, between the Parties that in any manner relates to the subject matter of this Agreement. This Agreement may not be modified or amended except by mutual written agreement executed by an elected official, officer, or other authorized representative of both Parties. Neither this Agreement nor any duties or obligations hereunder will be assignable by Licensee without the prior written consent of the County.
2.5 Invalidity. If any one or more of the provisions contained in this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, this Agreement will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable.
2.6 Governing Law; Venue. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the Parties will be governed by the laws of the State of Texas; and venue for any action concerning this Agreement will be in Bexar County of Texas.
2.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and constitute one and the same instrument.
2.8 Public Information Act. The Parties separately understand and acknowledge that the County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code (the “Act”). This Agreement and all written information generated under this Agreement may be subject to release under the Act.
2.9 Signatory Authority. Both Parties acknowledge and assert its elected official, officer, or other authorized representative whose name and signature appears below has been given all requisite authority by the Party to sign this Agreement on its behalf and bind the Party to the applicable terms and provisions set forth herein.
III. REQUIRED CERTIFICATION
3.1 By execution of this Agreement, the undersigned representative of and duly authorized signatory for licensee verifies and represents and warrants that, in accordance with Texas Government Code § 2252, Licensee not entered on the list prepared pursuant to Section 2252.152 of the Texas Government Code and do not enter into contracts, provide goods or services, or otherwise do business with any company identified on the list prepared under the provisions of Section 2252.153 of the Texas Government Code.
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