Lenny Bruno Farms2025 EventsArtisan/Food/Farm/Non-Profit Vendor License Agreement This License Agreement ("hereinafter License"), made as of the * MM DD YYYY by and between Lenny Bruno Farms Inc. (“Licensor”) with mailing at 740 Wading River Rd, New York, and * (“Licensee”) having a place of business at (INSERT BUSINESS ADDRESS) * Address 1 Address 2 City State/Province Zip/Postal Code Country WITNESSETH WHEREAS, (INSERT NAME OF BUSINESS) * wishes to utilize a * artisan vendor/farmers market/beer/wine/cider/non-profit ONLY - select applicable dimension (select n/a if this category does not apply to you) 10 x 10 10 x 20 [Double Space] n/a wishes to utilize a * food/concession vendor ONLY - select applicable dimension (select n/a if this category does not apply to you) 10 x 15 10 x 20 10 x 25 10 x 30 n/a portion of outdoor space regarding craft services or food/concession services (truck, trailer, or stand) at 740 Wading River Rd., Manorville, NY 11949 hereinafter referred to as the “Licensed Premises” for the purpose of selling: * *NOTE: Promotion/sales of items not listed/not matching with your application may be told to shut down and/or the organizer has the right to ask you to remove those products. (hereinafter “authorized activity”); and WHEREAS, Licensor wishes to grant the Licensee the right to utilize said portion of said outdoor space for a spot, truck, trailer, or stand as referenced above at said location regarding the authorized activity; NOW, THEREFORE, in consideration of the mutual agreements herein contained including a license fee as delineated herein, and as follows, Licensor and Licensee, for themselves and their successors, hereby agree as follows: 1. Licensing. Upon the terms and conditions hereinafter set forth, Licensor hereby licenses to Licensee the revocable and non-assignable right to use a portion of the Licensed Premises in an area to be solely located and defined by Licensor. Term of the License. 2. The term of this License (the "term") shall be limited to (select participation dates below) from 10 a.m. to 5 p.m. (9/20 and 9/21 — 11 am - 6 pm) unless terminated sooner. Licensee agrees that Licensor reserves the unilateral right to terminate the term of this license at any time and for any reason upon immediate notice, which may be verbal or otherwise, even if Licensee has already conveyed the license fee. * April 26, 2025 June 7, 2025 June 8, 2025 July 19, 2025 September 20, 2025 September 21, 2025 October 4, 2025 October 5, 2025 October 11, 2025 October 12, 2025 October 18, 2025 October 19, 2025 October 25, 2025 October 26, 2025 3. Authorized Hours of Operation: 10:00 a.m. - 5:00 p.m. all dates - except 9/20 and 9/21 — 11 am - 6 pm 4. Condition of the Licensed Premises. Licensee is familiar with the Licensed Premises, has examined same, and, except as explicitly hereinafter provided, Licensee agrees to accept the licensed premises in its "as is" condition without reliance upon any representations or warranties of or made by Licensor or anyone else. Licensee further agrees and acknowledges that as this is an outdoor event subject to adverse weather conditions, Licensee shall provide all weather protection equipment, including canopies and tents, as well as tables, chairs, and other set-up needs, which must be Brookhaven Town Code-compliant and that Licensor shall be under no obligation to provide same. Licensee further agrees that Licensor shall have the unilateral right in its sole discretion, to cancel any or all event dates as delineated above, it deems warranted, for any reason, including weather-related events. In the event Licensor cancels any or all of the above event dates for any reason, Licensee further agrees that such cancellation shall not entitle Licensee to a refund or credit against the license fee. 5. Insurance and Indemnification: Licensee will be responsible for providing primary and non-contributory general commercial liability insurance coverage in the amount of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate with a company or companies reasonably satisfactory to the Licensor. Licensee will provide certificates of the foregoing insurance including proof of proper endorsement regarding the following designated additional insured(s), namely: 1. “Lenny Bruno Farms Inc.” as "Additional Insured" and as a certificate holder to the extent of their interest, regarding each event date. Such insurance certificate(s) must be submitted to c/o Stay Salted, Inc., via email to: Info@StaySaltedInc.com on or before 2 weeks prior to each event date listed above. Licensee agrees that such above referenced liability insurance coverage regarding both general liability insurance coverage and liquor service liability insurance coverage shall be provided by endorsement and made available to each of the named additional insureds on a primary basis (defined as first insurance coverage) and noncontributory basis (i.e., will not seek contribution from any other insurance available to the additional insured) in the following form: The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Licensee agrees to indemnify and hold Lenny Bruno Farms Inc., and their respective officers, employees, agents, representatives, management company, and officials harmless from any and all loss, claim, actions, costs, or liability associated with its use of the property and related activities described herein, including liability for damages to property or for injuries or death to persons which may arise from, or be attributable or incident to the use by licensee and its employees, agents, representatives, and concessionaires of the Property, excepting liability solely caused by the gross negligence of Lenny Bruno Farms Inc., or other above named Licensors or its employees, agents or representatives. Without limiting the generality of the foregoing, Licensee agrees to indemnify and hold Lenny Bruno Farms Inc., and other Licensors harmless from any lien claimed or asserted for labor, materials or services furnished to Licensee in connection with the use of the property. With respect to any suit or claim by the Town or other Licensors, whether under this indemnification provision or otherwise, Licensee, for itself, its agents, employees, and representatives, hereby expressly waives any defense which might preclude or limit either enforcement of this indemnification clause or any reasonable attorneys fees incurred by Lenny Bruno Farms Inc., or other Licensors securing compliance with the provision of this indemnification agreement. Licensee will work with Lenny Bruno Farms Inc.,. to ensure adequate coverage of all property and liability with all concerned entities being named as "additional insured". 6. License Fee. In consideration of the authorized activity, and expenses incurred by Licensor, pre-event date(s) and post-event date(s), the Licensee shall pay, and make payable to: “Lenny Bruno Farms Inc.”, a one-time non-refundable license fee PER DATE participating as per the following payment schedule, by Two Weeks Prior to each event date listed on this agreement in #2 above, as follows: Artisan Vendors: 10’ x 10’ Space a. Single Craft/Vending Spot :: $50 per event date for April or July event dates, $60 for any single date of the following weekends (June 7 or 8, October 4 or 5, October 11 or 12, October 18 or 19, October 25 or 26, $100 for any full event weekend of the following weekends (June 7 and 8, October 4 and 5, October 11 and 12, October 18 and 19, October 25 and 26), $150 for the entire weekend of San Gennaro Feast (September 20 and 21) b. Double Craft Vending Spot (20’ x 10’) :: Double payment of single space as stated in a. c. Farms: $n/a d. Non-Profit entities: $0.00 (501(c)__ document(s) required) for nonprofits that are promoting services only, otherwise, nonprofit would fall under an artisan category d. Food/Concession/Alcohol Vendors: e. Food (Full Entree Vendors) 10’ x 15’/10’ x 20’/10’ x 25’/10’ x 30’ truck/trailer/stand :: ($200.00 deposit) 10% of overall sales per date, post event. f. Dessert/Beverage Vendors 10’ x 15’/10’ x 20’/10’ x 25’/10’ x 30’ truck/trailer/stand :: ($100.00 deposit) 10% of overall sales per date, post event. g. Beverage/Dessert Vendors 10’ x 15’/10’ x 20’/10’ x 25’/10’ x 30’ truck/trailer/stand :: $175.00— In order to fall into this category, you must be able to prepackage your items, but instead opt to sell on-site with DOH permit. h. Beer/Wine/Cider Vendor 10’ x 10’ spot :: $500.00 i. Food Entree Vendors e. Food/Beverage Vendors 10’ x 15’/10’ x 20’/10’ x 25’/10’ x 30’ truck/trailer/stand :: San Gennaro Feast ONLY - Purchase farm goods in the following minimum monetary amounts to be used in preparation of meals at the event :: $400.00 **PLEASE NOTE: FOOD & ALCOHOL VENDORS OR ANY VENDOR HANDLING FOOD (not directly poured from a commercial package) ON-SITE MUST OBTAIN SUFFOLK COUNTY DEPT. OF HEALTH PERMIT &/OR NYS SLA PERMIT AS APPLICABLE j. Promotional Vendors: $250 per date k. Licensee acknowledges and agrees that Licensee’s failure to make timely payment of the license fee and/or timely submission of the required documentation, shall subject the Licensee to forfeiture of the allocated space and/or denial of event participation and license fee. 7. Repair, Maintenance and Inventory of License Premises. a) Licensee, at its sole expense, agrees to maintain the Licensed Premises free of trash and debris and to return the premises back to its original condition following completion of each event date and the license term. b) Licensee shall not alter the Licensed Premises without the prior permission of the Licensor. 8. Assignment. Notwithstanding anything to the contrary contained in the License, Licensee shall not assign this license, the use of the Licensed Premises, in whole or in part, or permit Licensee's interest to be vested in any other party other than Licensee by operation of law or otherwise without the expressed written consent of the Licensor. 9. Licensee agrees that Licensor has sole discretion and unilateral authority regarding the selection process as it pertains to participating vendors. In general, Licensor shall prioritize participation of vendors as follows: 1. N/A 2. N/A 10. Miscellaneous: (a) Merger. All prior understandings and agreements between the parties with respect to the subject matter hereof are merged within this agreement, which alone, fully and completely sets forth the understanding of the parties with respect to the subject matter hereof. This license may not be changed or terminated orally, or in any manner, other than in writing signed by the party against whom enforcement is sought. 11. Licensee represents and warrants that licensee possesses all municipals approvals, licenses, and permits regarding the Licensee’s intended and authorized use of the Licensed Premises and shall provide copies of same pursuant to the schedule delineated in the Craft Vendor/Food/Concession/Alcohol Vendor Application(s). In addition, Licensee represents that Licensee shall conduct the authorized activity, at its own expense, in compliance with all applicable Town of Brookhaven code provisions, as well as applicable Federal, New York State, and Suffolk County laws, rules and regulations which shall be subject to enforcement by police personnel, town personnel, and/or private security personnel. 12. Licensee further represents that the named signatory is authorized to execute this license agreement on behalf of the designated entity and that Licensor has relied upon this representation in executing this license agreement. 13. Licensee further agrees that Licensor shall not be liable or responsible for lost, damaged, or stolen property of Licensee while on the Licensed Premises. Licensee additionally agrees that Licensor shall not be liable for any direct, indirect or consequential damages sustained by Licensee, including weather-related conditions, cancelled event dates, or otherwise. 14. Licensee further represents, warrants and agrees to comply with all of the terms and conditions of the license agreement and Craft Vendor/Food Vendor/Alcohol Vendor Application(s). Licensee acknowledges that failure to comply with said terms and conditions of this license agreement and vendor application may subject the Licensee to an immediate termination of the license agreement without refund. IN WITNESS WHEREOF, Licensee do hereby execute this License as of the date and year first above written. ELECTRONIC SIGNATURE This electronic signature serves as a legally binding representation of your intent and consent. By signing electronically, you acknowledge that you understand and agree to the terms, conditions, and responsibilities outlined in the associated document. Please note that electronic signatures are considered valid and legally enforceable in New York State under the Electronic Signatures and Records Act (ESRA). If you have any questions or concerns about the electronic signature process or the document you are signing, we recommend seeking legal counsel or advice. * First Name Last Name Thank you for submitting the licensing agreement for the 2024 Lenny Bruno events.
