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The owners of Colorado Fresh Markets have decided to make an exception to the long-standing non-compete clause in their vendor contract that prohibits participating vendors from serving food at other farmers markets within a 5-mile radius.

The contract issue came to a head after three vendors from the Cherry Creek Fresh Market set up shop at the Civic Center Eats Outdoor Cafe. The vendors said they were unaware that Civic Center Eats — a pop-up food court that serves the lunch crowd on Tuesdays — is considered a farmers market under the contract.

“In the spirit of cooperation, in full support of the parks and the street food scene, and in hopes that this will drive more business to our Saturday, Sunday and Wednesday Denver markets, we will make an exception for the remainder of this season for those vendors who wish to participate in the Civic Center market,” wrote Chris Burke in an e-mail dated July 12.

Chris and Michele Burke own Colorado Fresh Markets, the group that produces the popular Cherry Creek Fresh Market, City Park Esplanade Fresh Market and Stapleton Farmers Market.

Some vendors argued that being at multiple markets helps everyone and that they should not be restricted.

“Everyone wants to know where they can find me,” said Kevin Morrison, owner of Pinche Tacos and Tacos Borrachos. “I’m still promoting (Cherry Creek) at Civic Center.”

The Burkes said they want a “positive win-win” resolution and have been anxious to come to an agreement and put the conflict behind them.

Adam Singleton: 303-945-1794 or asingleton@denverpost.com.

writer Kathryn Richert contributed to this report.

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