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Agmt24 Limon (885 Middlefield)
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Agmt24 Limon (885 Middlefield)
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Last modified
10/22/2024 3:02:23 PM
Creation date
10/22/2024 3:01:50 PM
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Agreement
PROJECT NAME
Revised Outdoor Business Activity License Agreement_10.17.2024
RMP File Number
304.5
Date
10/17/2024
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OUTDOOR BUSINESS ACTIVITY LICENSE AGREEMENT <br />THIS LICENSE AGREEMENT ("License Agreement") is made and entered into as of <br />this 17th day of October 9 20 24 ("Effective Date"), by and between THE CITY OF <br />REDWOOD CITY, a charter city and municipal corporation of the State of California, <br />hereinafter referred to as "the City", and Limon Redwood City, Inc., a California Stock <br />Corporation hereinafter referred to as "the Licensee". The City and the Licensee may be <br />collectively referred to individually as "the City" or "the Licensee" and collectively as "the <br />Parties." <br />RECITALS <br />WHEREAS, on July 25, 2022, the City Council terminated the existing Temporary <br />Outdoor Business Activity Program, Sidewalk Cafe Program and Sidewalk Cafe Pilot Program <br />that allowed outdoor dining opportunities during the COVID-19 pandemic (collectively the <br />"Terminated Program"); and <br />WHEREAS, concurrently, the City Council established a permanent program that <br />allowed outdoor business activities within the City's rights of way ("Program") under City Code <br />Chapter 29 via Ordinance No. 2510 and adopted via Resolution No. 16062 the City's Program <br />"Guidelines for Parklets and Sidewalk Caf6s" dated May 9, 2022 as set forth in Volume III of the <br />Engineering Standards ("Guidelines"); and <br />WHEREAS, the Program replaces the Terminated Program and provides a predictable <br />process for permitting to allow business establishments providing goods and services within the <br />right-of-way through creation of a parklet and/or sidewalk caf&, including but not limited to <br />retail, dining and personal services in compliance with the Guidelines ("Outdoor Business <br />Activity"); and <br />WHEREAS, City Code Section 29.7 requires, among other things, a license agreement, <br />in the form prescribed by the Community Development and Transportation Department <br />("Department"), for use of the City's right of way to conduct an Outdoor Business Activity; and <br />WHEREAS, on July 22, 2024, the City Council approved an Ordinance amending City <br />Code Chapter 29 to the Program, to among other things, explicitly allow for the extension of <br />Outdoor Business Activity to encroach upon frontage of adjacent property with written consent <br />of the adjacent business owner and the adjacent property owner; and <br />WHEREAS, prior to the August 21, 2024, effective date of the Ordinance, Licensee <br />applied for an Outdoor Business Activity Permit and City and Licensee entered into an Outdoor <br />Business Activity License Agreement dated August 22, 2024 ("August 2024 License <br />Agreement"); and <br />WHEREAS, Licensee received written permission from the adjacent business owner and <br />adjacent property owner to extend Licensee's use into their frontage, and now Licensee desires <br />to enter into a this License Agreement to include the additional space from the adjacent property; <br />and <br />REV: 10-16-24 JB <br />ATTY/AGR.2024.192/Limon (885 Middlefield Rd) (Page 1 of 33) <br />
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