Agmt23 Downtown Business Group - Farmers Market

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REV: 07-14-2023 RL 3. Grant of License; Use of License Area. A revocable license is hereby granted for the development, organization, operation, maintenance and management of a Certified Farmers’ Market in accordance with and pursuant to all applicable permits and Laws, including Division 104, Part 7, Chapter 11 of the California Health and Safety Code, commencing with Section 114335, and for no other use or uses whatsoever. Notwithstanding anything to the contrary in this Agreement, Licensee’s right to use the Farmers’ Market Area is subject to Chapter 33A of the Redwood City Municipal Code, as may be amended from time to time, and is fully contingent on obtaining a Courthouse Square Event Permit. Licensee acknowledges and agrees that the provisions of Chapter 33A apply to Licensee and a Courthouse Square Event Permit requires, among other things, a parking plan, including bicycle parking, that is designed to minimize negative impacts on adjacent properties. A Courthouse Square Event Permit shall be obtained by Licensee on an annual basis for each season. Licensee shall provide the Courthouse Square Event Permit Application materials to City by April 1 of each year for processing. Licensee shall comply with all requirements and conditions of the Courthouse Square Event Permit; however, in the event of a conflict between this Agreement and the Courthouse Square Event Permit, this Agreement shall control. In the event, Licensee is unable to obtain a Courthouse Square Event Permit for any date or season; Licensee shall have no right to use the Farmers’ Market Area. Licensee further acknowledges and agrees that the right to temporarily occupy streets to facilitate use of the Farmers’ Market Area or Alternate Farmers’ Market Area is fully contingent on obtaining a Temporary Street Closure Permit issued by the Redwood City Police Department. Concurrent with execution of this Agreement, Licensee shall also submit a copy of any required permits from San Mateo County Agriculture/ Weights and Measures. 4. Term of License. This Agreement shall be effective from the Effective Date through December 31, 2024 (“Term”), unless terminated earlier. So long as Licensee is not then in default under this Agreement, Licensee may request that the license be renewed. This Agreement may be renewed for up to four (4) additional one-year terms (each a “Renewed Term") upon written, mutual agreement between City and Licensee. Each Renewed Term shall commence, if at all, upon the expiration of the immediately preceding Term and end twelve (12) months later. Licensee shall trigger renewal, if at all; by giving written notice to City of its interest in renewing the Agreement within ninety (90) days prior to expiration of the then-current Term. 5. Period of Use. The farmers’ market events shall be held on Wednesdays from 8:30 AM to 6:00PM between the months of April through November at the Farmers’ Market Area, except for days in conflict with other City events. The City Manager or their designee has sole discretion to determine whether a conflict with a City event exists and whether that conflict shall result in a farmers’ market event being relocated to the Alternate Farmers’ Market Area or cancelled entirely by giving written notice to Licensee of a conflicting City event and a determination of the farmers’ market event being relocated or cancelled within sixty (60) days of the conflicting City event. City reserves the right to periodically review the seasonal operation period and hours of operation for the farmers’ market and limit the season, frequency of events, or hours of operation, in the City Manager or their designee’s discretion. ATTY/AGR.2023.106/Redwood City Downtown Business Group (EPS Fees Audit and Reporting) (Page 2 of 16)