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ORIGINAL ATTACHMENT 1 LICENSE AGREEMENT (Redwood Shores Branch Library Cafe) LI ENSE AGREEMENT ("Agreement" or "License") is entered into as of , 2009, by and between the City of Redwood City, a charter city and municipal corp tion i the State of California ("City" or "Licensor"), and Fresh & Natural Food Service Group, a California corporation, hereinafter referred to as "Licensee." Licensor and Licensee may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this License." The Library Director or his/her designee serves as Contract Administrator for this License on behalf of the City of Redwood City. RECITALS: A. WHEREAS, Licensor is the owner of record of the real property and improvement located at Redwood Shores Branch Library, 399 Marine Parkway, California, and Licensor has a concession space at the Redwood Shores Branch Library identified as the "License Area" or the "Premises", approximately 622 square feet, as identified in Exhibit A, attached hereto and incorporated herein by this reference. B. WHEREAS, Licensee is in need of a place to conduct its business operations within the City of Redwood City. C. WHEREAS, Licensor desires to license to Licensee and Licensee desires to license from the Licensor the License Area on the terms and conditions in this License. NOW THEREFORE, in consideration of the terms, covenants, and conditions contained herein, Licensor and Licensee hereby agree as follows: 1. GRANT OF LICENSE 1.1 The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. 1.2 Licensor hereby grants to Licensee a revocable license for use of the Premises on the terms and upon the agreements, covenants, and conditions set forth in this Agreement. Licensee acknowledges that it will be accepting the Premises in its completed condition per building plans that were completed by Anderson Brule' Architects, San Jose ("Bid Sets"). Said Bid Sets have been reviewed by Licensee, and are incorporated herein by this reference. Licensee shall have the right to measure the size of the License Area to insure size accuracy. The License provisions may be adjusted according to such measurements prior to the execution of the License. 1.3 Condition of the Premises. Licensee acknowledges that it recognizes the uniqueness of the premises and accepts them in their current and disclosed condition existing on the date of execution of this Agreement, subject to all applicable zoning, municipal, county, or state laws, ordinances and regulations affecting the use of the Premises. Licensee acknowledges that it has satisfied itself, by its own independent investigation that the Premises are suitable for its intended use and neither Licensor nor its agents or representatives have made any representation or warranty as to the present or future suitability of the Premises for the conduct of Licensee's business. Atty/ Ag r/2009. 049 071108