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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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WHEREAS, the Parties wish to enter into this License Agreement to specify the terms <br />and conditions of the License to use the City right of way for the Outdoor Business Activity. <br />LICENSE PROVISIONS <br />1. RECITALS. The Parties agree that the foregoing Recitals and defined terms are <br />true and correct and are hereinafter incorporated as terms of this License Agreement. <br />2. TERMINATION OF PRIOR LICENSE AGREEMENT. The August 2024 <br />License Agreement between City and Licensee is hereby terminated as of the Effective Date of <br />this Agreement, except that the obligations of Licensee as provided in Section 9 of the August <br />2024 License Agreement shall survive its termination. <br />3. LICENSE. The City, for and in consideration of the performance of the covenants <br />and agreements hereinafter contained to be kept and performed by the Licensee, and upon the <br />following terms and conditions, hereby grants to the Licensee a revocable, non-exclusive license <br />("License") for the use of those certain areas ("Licensed Area") located within the right-of-way <br />in front of 885 Middlefield Road in the City of Redwood City, San Mateo County, State of <br />California, more particularly described and depicted in Attachment 1 (Description of <br />Encroachment Permit/Licensed Area) to Exhibit "A" (Encroachment Permit) to conduct the <br />Outdoor Business Activity, described Exhibit "A" (Encroachment Permit), attached hereto and <br />hereinafter incorporated by reference. <br />4. 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 5 (Renewal of Term of License). <br />5. 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 />REV: 10-16-24 JB <br />ATTY/AGR.2024.192/Limon (885 Middlefield Rd) (Page 2 of 33) <br />
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