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Activity, described in Exhibit "A" (Encroachment Permit), attached hereto and hereinafter <br />incorporated by reference. <br />3. TERM OF LICENSE. The term of this License Agreement shall be for a period <br />of one (1) year from the Effective Date of this License Agreement, unless terminated earlier in <br />accordance with the provisions of this License Agreement and may be renewed annually in the <br />sole discretion of the City in accordance with Section 4 (Renewal of Term of License). <br />4. RENEWAL OF TERM OF LICENSE: <br />A. The term of this License Agreement may be renewed annually, for <br />additional one (1) year terms. <br />B. If the Licensee seeks a renewal of the License Agreement, the Licensee <br />shall submit an Outdoor Business Activity Permit renewal and renewal fee at least thirty (30) <br />calendar days and no earlier than sixty (60) calendar days prior to the anniversary date of the <br />Effective Date of the License Agreement, identified above. <br />C. The City shall conduct an inspection of the Licensed Area to determine if <br />the Licensee is in compliance with the terms of this License Agreement. If City determines that <br />the Licensee is in compliance with the terms of the License Agreement, the City may, in its sole <br />discretion, renew the License Agreement for another one (1) year term ("Renewal Term"). If the <br />License Agreement is renewed, the City shall issue written notice of the Renewal Term and any <br />additional conditions or terms associated with the Renewal Term. The Parties agree that the <br />terms and conditions of the License Agreement and any additional conditions or terms imposed <br />as a result of the approval of the renewal by the City shall apply during the Renewal Term. <br />D. If the City approves a Renewal Term, the Licensee shall pay the <br />applicable Annual Use of Space Fee pursuant to Section 6 (License Fee), and the Parties shall <br />execute an amendment to this License Agreement extending the term. <br />E. If the Licensee does not seek a renewal of the Outdoor Business Activity <br />Permit at least thirty (30) calendar days and no earlier than sixty (60) calendar days prior to the <br />anniversary date of the Effective Date of the License Agreement or the City declines to renew <br />the License Agreement for another year, the License Agreement shall not be renewed and shall <br />terminate on the anniversary of the Effective Date. <br />5. USE OF LICENSED AREA: <br />A. The Licensee is authorized to use said Licensed Area for the purposes of <br />conducting the Outdoor Business Activity and make certain improvements to the Licensed Area <br />in accordance with the Guidelines and in compliance with the encroachment permit and <br />associated conditions issued to the Licensee ("Improvements"). No other uses of the Licensed <br />Area are authorized. The Licensee agrees that it will not use the Licensed Area or install any <br />improvements thereon in a manner, which violates this License Agreement, the Encroachment <br />Permit, the Guidelines or City Code Chapter 29 or any applicable governmental laws, rules, or <br />regulations. <br />REV: 05-16-24 VR <br />ATTY/AGR.2024.067/Peet's Coffee (2600 Broadway) (Page 2 of 23) <br />