Agmt24 Redwood City Kiwanis Club

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REV: 02-28-24 VR H. City desires to allow such use by Licensee on the terms set forth in this Agreement, and provided that the public health, safety and welfare are not thereby impinged, diminished or adversely affected. NOW, THEREFORE, in consideration of the recitals and mutual obligations contained herein, City and Licensee agree as follows: 1. Nature of Agreement. The nature of the right granted by City to Licensee is that of a revocable license and not a permit nor a lease. No property right is granted hereby; notwithstanding the foregoing, Licensee hereby knowingly waives and relin- quishes any rights it may have or claim to have pursuant to California Government Code Sections 7260 through 7277. 2. License Area. The real property permitted to be used under this Agreement is that certain property located at Arguello Street between Marshall Street and a point approximately 530 feet northwest toward Brewster, and on Bradford Street from Arguello Street to a point approximately 150 northeast (to mid-block) toward Warren (“Farmers’ Market Area”) as depicted in Exhibit “A-1”, attached hereto and incorporated herein by reference. Licensee’s use of the Farmers’ Market Areas shall be in accordance with the Site Plan, attached hereto as Exhibit “A-2” and incorporated herein by reference. Licensee shall not modify the Site Plan without obtaining prior written approval from the City Manager. 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 the Farmers’ Market Area 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. 4. Term of License. This Agreement shall be effective from the Effective Date through March 31, 2027 (“Term”), unless terminated earlier. So long as Licensee is not then in default under this Agreement, Licensee may request that this Agreement be renewed. This Agreement may be renewed for up to two (2) additional one-year terms (as 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 request renewal 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. City may in its sole discretion agree to renewal by providing written notice to License following such a request, prior to expiration of the then-current term. 5. Period of Use. The farmers’ market events shall be held between the hours of 5:30 a.m. and 1:00 p.m. every Saturday during the months of April through November, except those Saturdays which fall on or are adjacent to major holidays, and/or others as determined and agreed to between Licensee and City, or in the event of emergency or disaster in the discretion of the City Manager. The farmers’ market will ATTY/AGR.2024.025/Redwood City Kiwanis Club (Revocable License Agreement) (Page 2 of 17)