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ORIGINAL <br />REVOCABLE LICENSE AGREEMENT <br />BETWEEN THE CITY OF REDWOOD CITY <br />AND REDWOOD CITY KIWANIS CLUB <br />FOR A FARMERS MARKET IN THE VICINITY OF <br />ARGUELLO STREET AND BRADFORD STREET <br />THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made and entered <br />into as of April 9, 2019 (Effective Date), by and between the CITY OF REDWOOD CITY <br />(hereinafter "City"), a California Charter City and municipal corporation, and Redwood <br />City Kiwanis Foundation, also known as Redwood City Kiwanis Club (hereinafter <br />"Licensee"), a California non-profit corporation (collectively, the "Parties"). <br />A. On March 9, 1999, the Parties entered into a written Grant of Revocable <br />Permit for Farmers Market ("1999 Permit") for the purpose of operating a "Certified <br />Farmers' Market" (as such term is defined in Section 113742 of the California Health <br />and Safety Code and California Code of Regulations Title 3, Section 1392 et seq.) at a <br />City -owned parking lot bounded by Hamilton and Winslow Streets. <br />B. On March 19, 2012, the Parties entered into a Revocable License Agreement <br />(2012 Agreement) allowing Licensee to continue to operate a farmer's market in the <br />location specified above, and terminating the 1999 Permit. <br />C. On May 22, 2013, the Parties entered into a First Amendment to Revocable <br />License Agreement ('2013 Amendment"), relocating the farmers' market to the vicinity <br />of Arguello Street and Bradford Street. <br />D. The 2012 Agreement, as amended by the 2013 Amendment, was not <br />renewed and therefore by its own terms expired on March 19, 2015. <br />E. Licensee desires to continue to organize, operate, maintain and manage a <br />Certified Farmers' Market on property owned and maintained by City for the benefit of <br />and use by members of the general public. <br />F. City desires to allow such use by Licensee on the terms set forth in this <br />Agreement, and provided that the public health, safety and welfare are not thereby <br />impinged, diminished or adversely affected. <br />NOW, THEREFORE, in consideration of the. recitals and mutual obligations <br />contained herein, City and Licensee agree as follows: <br />1. Nature of Agreement. The nature of the right granted by City to Licensee is <br />that of a revocable license and not a permit nor a lease. No property right is granted <br />hereby; notwithstanding the foregoing, Licensee hereby knowingly waives and relin- <br />REV: 04-02-19 PR <br />Page 1 of 16 <br />ATrY/AGR.2019,079/Redwood City Kiwanis Club <br />