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Home My WebLink About2024-08-17-18 Country Fresh Farms Tempoary Outside Sales Permit Julie Hultman From: Julie Hultman Sent: Thursday, August 8, 2024 4:47 PM 6j6( ) To: 'Johnsie Nelson Subject: RE: COUNTRY FRESH FARMS OUTDOOR APPLICATION ,24 ,r\),-11-sfCn. — Attachments: SKMBT_C55424080815430.pdf • Hello, Attached is the approval of your two day sale as presented. As this type of event fee has not been placed to the City Fee schedule,you will not be required to submit a fee. I hope that the event goes well and that we are able to welcome you back again. Take Care, lir Julie Hultman I Building Official Planning & Code Enforcement Office: 651.351.1661 From:Julie Hultman Sent:Tuesday,August 6, 2024 3:17 PM To: 'Johnsie Nelson' <cffmeats.ops@gmail.com> Subject: RE: COUNTRY FRESH FARMS OUTDOOR APPLICATION Hello, We have and I expect to have it for you on Wed or Thursday of this week. Thank you, Julie From:Johnsie Nelson <cffmeats.ops@gmail.com> Sent: Tuesday,August 6, 2024 8:48 AM To:Julie Hultman <jhultman@cityotoakparkheights.com> Subject: Re: COUNTRY FRESH FARMS OUTDOOR APPLICATION Good morning, I am just following up to make sure you have received our application On Fri, Aug 2, 2024 at 10:03 AM Johnsie Nelson<cffineats.ops@gmail.com>wrote: Good morning, Please find the attached application. Let me know if you need anything else. 1 Johnsie 904-217-9427 Rob Wilson 727-396-0528 5081 Union Street Union City, GA 30291 https.//theprimehousedirect.comt Like Us on Facebook! https://www.facebook.com/gigantictruckloadmeatsale/ Please Note: The information transmitted in this email is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,transmission,dissemination or other use of or taking of any action in reliance upon,this information by persons or entities other than the intended recipient is prohibited. If you receive this email in error,please contact the sender and delete the material from any computer. 2 Julie Hultman From: Cori Ford <ford@theprimehousedirect.com> Sent: Wednesday, July 31, 2024 9:26 AM To: Jacob Rife;Jennifer Pinski;Julie Hultman Subject: CFF MEAT SALE Good morning, Country Fresh Farms is interested in having a 2 day meat sale in the parking lot of Menards on Krueger Ln. We have permission from Menards to set up our 26ft freezer truck and 10x10 pop up canopy in 4 parking spaces to sell usda frozen prepackaged meat. We also have our MN Dept of Ag. Are any permits or licenses required from the city? 1 d. City of Oak Park Heights 14168 Oak Park Blvd. N. Phone:651.439.4439 P.O. Box 2007 Fax:651.439.0574 Oak Park Heights, MN 55082 81 8/z1- TEMPORARY OUTSIDE SALES pG GL PERMIT APPLICATION (?A')-4YrY1Wi) Applicant: COUNTRY FRESH FARMS Phone # 904 217 9427 Street Address: 5081 UNION ST City UNION CITY Zip 30291 Email:CFFMEATS.OPS@GMAIL.COM Property Owner: MENARD, INC Phone # Street Address: 5101 MENARD DR City EAU CLAIRE Zip 54703 Email: PROPERTIES@MENARD-INC.COM Location of Temporary Outside Sales Operation: (Attach a site plan showing location of proposed temporary outside sales operation) Street Address: 5800 KRUEGER LN City OAK PARK HEIGHTS Zip 55082 Property Legal Description: Zoning District: , Type of temporary outside sales operation requested: ❑ Garden Center Sales ❑ Fireworks Sales ❑ Garden Produce Sales ❑ Holiday Decoration and/or Tree Sales a Other: OUTDOOR PARKING LOT MEAT SALE 1 Proposed dates of temporary outside sales operation: Dates: AUGUST 17, 2024 to AUGUST 18, 2024 Note: Maximum of 120 calendar days per year allowed. The City Administrator may issue a 30 calendar day extension if applied for prior to the conclusion of the initial 120 day time period. What are the intended days and hours of operation? SATURDAY AND SUNDAY 8AM-7PM Note: Facilities shall not be operated between the hours of 10 p.m. and 6 a.m., unless otherwise allowed by formal action of the City Council. Who will be employed in proposed temporary outside sales operation? HARRY PEADEN Will the temporary outside sales operation require the use of an accessory building? Yes X No If yes, please describe and/or attach information regarding the proposed accessory building structure. Are other governmental licenses or permits required to legally conduct this temporary outside sales business operation? x Yes No If yes, please list the licenses and/or permits below: MN DEPT OF AG 2 Is there any additional information regarding this application that the City should be aware of concerning the temporary outside sales operation? By signing this application, I declare that I have read all applicable City Ordinances. I affirm that all information provided to the City of Oak Park Heights on this application, or as a part thereof, is true and accurate to the best of my knowledge. Date: 8/2/24 —�— Signature of Applicant HARRY PEADEN Printed Name of Applicant By signing this application,I declare that I have read all applicable City Ordinances and understand that as the property owner, or its agent, I must additionally approve the placement of temporary facilities by co-signing the permit application further understand that if the applicant is not directly related to the property owner, the owner shall also be subject to additional enforcement actions should the applicant not comply with the ordinance requirements related to the permitted temporary outside sales operation. PLEASE SEE LEASE Date: Signature of Owner Printed Name of Owner Required Attachments: $25.00 Non-refundable fee shall be submitted w th ck complete application. ❑ Detailed Site Plan for Physical Location of Business Operation. ❑ Narrative Describing Business Operation, if not clearly described above. ❑ Accessory Building/Structure Information, if not clearly described above. 3 Limited License Agreement Food Vendor Various Locations This Limited License Agreement ("Agreement") is made on M q f h '9, 2024 between Menard,Inc.("Licensor")and Country Fresh Farms Inc. ("Licensee"). Parties Licensor is a Wisconsin corporation engaged in the business of operating a chain of home improvement stores and is headquartered at 5101 Menard Drive,Eau Claire,Wisconsin. Licensor has retail stores at the locations described on Exhibit A attached hereto. Licensee is a Georgia corporation doing business as Prime House Direct and engaged in the sale of USDA- approved frozen meats. Licensee's address is 5081 Union St.,Union City, Georgia 30269. Statement of Purpose At each location described on Exhibit A,Licensee desires to use(i)an approximately 10' x 10' area on the sidewalk adjacent to the exit doors of Licensor's retail store (each, a "Sidewalk Area"), and (ii) certain spaces in the parking lots located on Licensor's parcels(each,a"Parking Lot Area"),to operate its business. (The Sidewalk Area and the Parking Lot Area at each given location are referred to herein collectively as a "Licensed Area".). Each Licensed Area will be designated by Licensor in writing following Licensor's receipt of Licensee's request to use a given store location. Licensor is willing to grant Licensee a revocable,limited,non-exclusive license over the Licensed Area for the benefit of Licensee. Agreement The parties agree to the following: I. The term of this license (the "Term") is Wednesdays through Saturdays from the date of full execution of this Agreement through December 31, 2024, unless terminated earlier by either party pursuant to this Agreement. No less than two(2)weeks in advance,Licensee shall submit to Licensor a list of the Licensed Areas at which Licensee desires to conduct its business during a given week of the Term (each, a "Sales Event"), and Licensor shall approve each such request at its reasonable discretion. Licensee acknowledges and agrees that the Term does not include the weekend following Thanksgiving(including Friday),and that Licensee is not allowed to operate in any Licensed Area on said days. 2. Licensor hereby grants to Licensee a non-exclusive limited license to enter upon the Licensed Area during the Term solely for the purposes of(i)installing a table and canopy on the Sidewalk Area and (ii)parking a box truck and installing a framed tent on the Parking Lot Area,for the sale of USDA- approved frozen meats("Licensee's Use"),and for no other purpose without the prior written consent of Licensor,which consent will be at Menard's sole discretion. Licensee shall position its truck and tent in the applicable orientation indicated on Exhibit B. Licensee acknowledges and agrees that any and all activities conducted by Licensee or Licensee's employees, agents, representatives or contractors will be solely at the risk of Licensee. Licensee acknowledges and agrees that Licensor will not provide utilities for Licensee's use. During the Term,Licensor shall not lease or license any other space at any of the locations described on Exhibit A to any business engaged in Licensee's Use, except for Brian Pittman or any related person or affiliated entity doing business as"Classic Steaks". The foregoing will not be construed to prohibit or restrict Licensor from selling products similar or identical to Licensee's products in and from Licensor's retail stores. 3. Licensee shall operate its business on the Licensed Area only during the hours of operation of Licensor's adjacent retail store, as follows: 6:30 a.m. to 10:00 p.m. on Mondays, Tuesdays, Wednesdays,Thursdays,Fridays,Saturdays,and 8:00 am to 8:00 p.m.on Sundays,except holidays. 4. Upon Licensee's execution of this Agreement, Licensee shall pay a $30,300.00 license fee to Licensor. Licensee shall pay additional license fees to Licensor as follows: Due Date Amount of License Fee April 1,2024 $34,700.00 May 1,2024 $37,730.00 June 1,2024 $37,730.00 July 1,2024 $37,730.00 August 1,2024 $37,730.00 September 1,2024 $37,300.00 If any payment is made by credit or debit card,Licensee shall also pay a processing fee of 3%of the amount charged. The license fees will be allocated to each stop at a Licensed Area agreed on by the parties pursuant to Section 1 above,at the rates of$500.00 for a Sales Event of one or two days,and $950.00 for a Sales Event of three or four days. If the above license fee amounts are fully allocated before the end of the Term,Licensee will pay to Licensor in advance a license fee at the above rates for any additional stops. At the expiration of the Term, Licensor shall retain all licensee fees paid by Licensor up to a total of$190,000.00, whether or not such fees have been allocated. Any other unallocated license fees remaining upon the expiration of the Term will be refunded to Licensee within thirty(30)days thereafter. All freezers purchased by Licensee as promotional items for a Sales Event must be purchased from Licensor. On or before the first day of each Sales Event, Licensee shall purchase from Licensor a minimum of two (2) freezers with SKU 4535418 or 4535419, at the price posted at the time of purchase. All such purchases must be made through Licensor's website(menards.com)for pick up at Licensor's store adjacent to the location of said Sales Event. Freezers purchased by Licensee in excess of two(2)for a given Sales Event will be applicable to the freezer purchase requirement for a subsequent Sales Event. Licensee shall deliver a copy of the purchase receipt to Licensor on or before the commencement of the applicable Sales Event. 5. Upon Licensee's execution of this Agreement, Licensee shall pay to Licensor a security deposit in the amount of$500.00, which will be held by Licensor. The security deposit will be refunded to Licensee if the Licensed Area is left in the condition called for by this Agreement. Notwithstanding the foregoing,Licensor has the right to apply and retain such portions of the security deposit as are necessary to remedy all amounts,liabilities,and obligations which Licensee assumes or agrees to pay or discharge pursuant to this Agreement. Upon termination,Licensor will return the security deposit, or provide written explanation of deductions,after receipt of a written request by Licensee. 6. Licensee shall be in default in the event that it: a. fails in the payment of fees or fails in any other charge hereunder, b. fails to comply with any other term or condition of this Agreement, 2 c. fails to leave the Licensed Area clean and in the original or better condition at the end of the Term, d. makes an assignment for the benefit of creditors,or e. allows a lien to be filed against the Licensed Area. In the event of any default,Licensor shall, at its option,have the right to terminate this Agreement, in addition to any other remedies which are available to Licensor. Licensor will charge Licensee a monthly delinquency charge of 1 1/2%per month(18% A.P.R.)on any rents or other charges to be paid by Licensee under this Agreement that are overdue and such charge will be paid by Licensee. In addition,Licensor shall also be entitled to receive from Licensee collection costs and attorney fees totaling not less than 15% of the unpaid balance if delinquencies are referred for collection. In the event that Licensee is in default under any other Agreement entered into between Licensor and Licensee,then Licensee shall also be in default under this Agreement and Licensor shall,at its option, have the right to terminate this Agreement,in addition to any other remedies which are available to Licensor. In any event, if this Agreement is terminated by Licensor, Licensee's obligation to pay rent and damages will not be terminated. Licensee's payment of any sum due hereunder will not be delayed,excused or forgiven due to any cause not specifically provided in this Agreement,including without limitation strikes,riots,acts of God,shortages of labor or materials,national emergency,acts of a public enemy,pandemic,or governmental restrictions,laws or regulations. 7. Notwithstanding anything in this Agreement to the contrary,at its sole discretion each party will have the option to terminate this Agreement as to any or all Licensed Areas at any time with written notice to the other party. If this Agreement is terminated by Licensor without cause,Licensor will issue Licensee a refund for fees paid in advance. The refund will be pro-rated from the date of termination to the end of the month in which this Agreement was terminated. Licensor will issue the refund within 30 days from the date of termination. 8. Licensee will,without any cost to Licensor,provide all planning and arrangements for,and conduct the due diligence investigations and all of its associated physical preparations and activities for all activities on the Licensed Area. For all activities carried out on the Licensed Area pursuant to this license and this Agreement,Licensee will provide adequate security,personnel and management so that such activities will be carried out without damage to any property (including Licensor's property), injury to persons or impairment to the environment. Licensee will conduct all activities on the Licensed Area,and will cause its employees,agents,representatives and contractors to conduct their activities on the Licensed Area with due care for the health and safety of persons and the protection of property and the environment. 9. Licensee agrees not to cause or permit any lien to be filed against the Licensed Area and will indemnify and hold Licensor harmless from and against any and all such claims and liens arising out of the activities of Licensee, its employees, agents, representatives or contractors at or upon the Licensed Area. 10. Licensee will, at its sole cost, obtain and maintain in effect all licenses, permits, consents and authorizations of federal,state and local authorities which may be necessary,required or appropriate for all activities of Licensee and its employees,agents,representatives and contractors at or upon the Licensed Area. 3 11. Licensor makes no representations,warranties or covenants of any nature whatsoever regarding the condition of the Licensed Area or its suitability for the activities planned by Licensee. Licensee understands that it will be operating its business at its own risk and agrees that Licensor will not be required to undertake or exercise any duty of care or other safeguards with respect to the Licensed Area or for the safety of persons or for the prevention of damage to property in connection with any activities of Licensee or third parties on or about the Licensed Area. 12. Any equipment or facilities temporarily placed on the Licensed Area by or for Licensee will be installed,kept and maintained by Licensee in a sightly,safe and secure condition and in compliance with all applicable federal,state and municipal laws,regulations,ordinances and orders. All activities of Licensee and its employees, agents, representatives and contractors on and about the Licensed Area will be conducted in compliance with all applicable federal, state and municipal laws, regulations,ordinances and orders. 13. Licensee agrees to operate its business in good faith and in a professional,lawful manner, including without limitation in the areas of prompt and courteous customer service, employee hiring,training and supervision,grooming,cleanliness of the customer service area,proper food handling and food safety procedures,and the handling of any customer complaints. Licensee shall at all times maintain its facility in a neat, clean, and sanitary condition, free from waste or debris. Licensee shall adequately staff its facility during all business hours. Licensee shall require its employees and agents at all times to present a neat,clean and well-groomed personal appearance,and to conduct themselves in a courteous and professional manner in their interactions with both Licensee's and Licensor's customers. Licensee agrees to take no action nor make any omission that will result in injury or damage to Licensor's reputation,business or property. Licensee further agrees to abide by the policies, standards and practices (not in conflict with applicable laws and regulations)that Licensor may formulate from time to time for its store operations,including the following: Do's • Do adhere to dress code and present yourself in a professional manor, with regard to attire, personal hygiene,and appearance. i) Business casual attire with dress pants(no legging or lycra pants)of good condition(no rips or tears). ii) Sandals/open-toed shoes,hats,or revealing clothing are not permitted. • Do maintain a clean and professional workspace within the Licensed Area. • Do treat all customers and retail team members with respect and professionalism • Do remember: The most important customers are the ones who tell us "No." Always politely disengage. • Do keep receipts for all purchases made within Licensor's store. • Do focus conversations around the products and brands you represent. • Do have an amazing attitude • Do have fun and smile! Don'ts • Don't have food or drinks at the table.Bottled water is ok but must be kept out of view. • Don't smoke,vape,or otherwise use tobacco products in or around the Licensed Area. • Don't bring bags into the store with personal items. All such bags will be subject to inspection by Licensor upon entering or leaving the store. • Don't use tables from store inventory. • Don't engage customers outside of the Licensed Area or roam around Licensor's store. • Don't engage in conversations that could be deemed inappropriate. • Don't engage in confrontations with other vendors. 4 • Don't use ice breakers with customers. • Don't continue to engage customers after you are told no or that the customer is not interested. • Don't block access to or from Licensor's store. • Don't physically touch customers except for handshakes and high-fives. • Don't speak negatively of any other company or competitor. • Don't use your cell phone in the Licensed Area,except for business purposes. Examples of violations of this Section include,without limitation: a. Verbal,physical or other offensive,hostile or intimidating conduct toward any customer, vendor or employee; b. Sexual,racial or other harassment or disparagement of any customer,employee or vendor; c. Destruction or misappropriation of customer or Licensor property; d. Consumption or possession of alcohol or any illegal substance; e. Sleeping by Licensee's employees or agents on or around the Licensed Area;and f. Use of profane or abusive language. Licensor reserves the right to immediately terminate and cancel this Agreement,without notice, in the event of any violation of this Section 13 by Licensee. 14. At all times during the Term,Licensee will keep the Licensed Area and everything thereon in a clean, safe and orderly condition and will keep the Licensed Area and its surroundings clean and free from trash,rubbish,waste and debris. Before expiration of the Term,Licensee will remove all materials, equipment,personal property and other items of any nature which were placed or brought upon the Licensed Area by or for Licensee, and Licensee will leave and surrender the Licensed Area in the same or better condition as it was at the beginning of the Term. If any repairs or restoration should be necessary in order to return the Licensed Area or any part thereof to such condition, such work will be promptly performed by Licensee, at its sole cost and to Licensor's satisfaction. If Licensee fails to so perform any such repairs or restoration, Licensor shall have the right to complete any remaining work and bill Licensee the full cost thereof. 15. Licensee will not cause or permit any Hazardous Substance to be used,stored,generated or disposed of on or in the Licensed Area by Licensee, Licensee's agents, employees, contractors or invitees, without first obtaining Licensor's written consent. If Hazardous Substances other than those approved by Licensor herein are used, stored, generated or disposed of on or in the Licensed Area, or if the premises become contaminated in any manner for which Licensee is liable,Licensee will indemnify and hold harmless Licensor from any and all claims, damages, fines,judgments, penalties, costs, liabilities or losses (including,without limitation, a decrease in value of the premises,damages due to loss or restriction of rentable or usable space,or any damages due to adverse impact on marketing of the space,and any and all sums paid for settlement of claims,attorney fees,consultant and expert fees)arising during or after the Term and arising as a result of such contamination by Licensee. 16. Licensee will not drill holes or otherwise break the surface of the parking lot for any reason. 17. At its sole cost, Licensee will procure Commercial General Liability Insurance and will maintain it in force and effect throughout the Term of this Agreement. This insurance will insure Licensor and Licensee from all claims, demands, or actions made by or on behalf of any person or entity arising from,related to,or connected with the conduct and operation of Licensee's business on the Licensed Area. This insurance will have minimum limits of not less than a Combined Single Limit for Bodily Injury,Property Damage and Personal Injury Liability of$1,000,000 per occurrence and$2,000,000 aggregate. This insurance will be the Primary Policy for any and all claims arising out of or relating 5 to Licensee's use of the Licensed Area. Any insurance held by Licensor will be used only to cover claim amounts in excess of the required limits of the Primary Policy. Prior to occupying the Licensed Area, Licensee will furnish Licensor with certificates showing compliance with this provision and naming Licensor as a primary and non-contributory additional insured. In addition, throughout the Term,Licensee will maintain worker's compensation insurance to the extent required by statute. 18. Licensee shall provide a copy of his or her driver's license, or other similar photo identification, to Licensor prior to beginning operations on the Licensed Area. 19. Licensee will be liable for,and will defend,indemnify and hold harmless Licensor,its shareholders, directors,officers,employees and agents,(collectively,the"Indemnitees")from and against any and all liability,claims,suits,judgments,damages,losses,costs and expenses(including costs of defense and reasonable attorney's fees), which any or all of said Indemnitees may suffer,incur, be exposed to,be responsible for or pay,on account of any injury to or death of any person,or damage to or loss or destruction of any property, to the extent caused by Licensee (or any of its employees, agents, representatives or contractors)and arising out of or in connection with this License or the exercise of any license or privilege herein granted or the conduct of any activity on or about the Licensed Area or any act or omission of Licensee(or any of its employees, agents,representatives or contractors). 20. This Agreement is an independent agreement between the parties hereto and it will not be deemed or construed to be an agreement to lease or purchase the Licensed Area. 21. Licensee shall not assign this Agreement or the license and privileges hereunder,or delegate any of the Licensee's duties and obligations hereunder without the prior written consent of Licensor and any attempted assignment or delegation without such prior written consent of Licensor will be void. 22. This Agreement will not become effective or binding unless and until it has been signed by or on behalf of each of the parties hereto. This Agreement may be executed in two or more counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. Any facsimile or electronic transmission of this Agreement signed by either or both parties hereto will be considered to have the same legal effect as the original and will be treated in all manner and respects as if the original had been delivered at the time of such facsimile or electronic transmission. 23. Any notices, deliveries and other communications required under this agreement, and any other communication which either Licensor or Licensee may desire to deliver to the other,will be in writing and will be sent by first-class United States mail (postage prepaid), by nationally-recognized overnight courier, by facsimile transmission, or by electronic mail, in each instance directed, addressed and transmitted or sent as follows: If to Licensor: Menard,Inc. Attn: Properties Division 5101 Menard Drive Eau Claire,WI 54703 Phone Number: (715)876-2532 Email:realestate@menard-inc.com If to Licensee: Country Fresh Farms Inc. Attn: Harry Peaden or Clay On 5081 Union St. Union City,GA 30269 6 Phone Number:(678)895-3890 or(941)284-7758 Email:CPeaden.ace@gmail.com or clavo_cff@email.com Either party may with like notice at any time and from time to time designate a different address to which notices will be sent. Such notices,demands or declarations will be deemed sufficiently served or given for all purposes hereunder at the time they will be sent by United States first-class mail, overnight courier,facsimile,or electronic mail as aforesaid. [SIGNATURES APPEAR ON FOLLOWING PAGE(S)] 7 IN WITNESS WHEREOF, each of the parties hereto has caused this J.imited License Agreement to be signed and ex ted on its behalf as of the day and year first above written_ Date: l ,2024 LICENSEE: COUNTRY FRESH FARMS INC. By: 1......a LZ Print Nae: ail OIL t. Title: (34,--f", Date: 5/9 .2024 LICENSOR: ME C. By: X111,71--------'1 Theron J.Berg General Manager Properties 8