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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6.1.D. - Page 5 <br />in Exhibit "A-1", attached hereto and incorporated herein by reference. Licensee's use <br />of the Farmers' Market Areas shall be in accordance with the Site Plan, attached hereto <br />as Exhibit "A -2" and incorporated herein by reference. Licensee shall not modify the <br />Site Plan without obtaining prior written approval from the City Manager. <br />3. Grant of License; Use of License Area; Termination of 1999 Permit <br />a. Grant of License A revocable license is hereby granted for the <br />development, organization, operation, maintenance and management of a Certified <br />Farmers' Market in accordance with and pursuant to all applicable permits and Laws, <br />including Article 15, Chapter 4, Division 104, Part 7 of the California Health and Safety <br />Code, commencing with Section 114350, and for no other use or uses whatsoever. <br />b. Termination of 1999 Permit The 1999 Permit is hereby terminated as of <br />the Effective Date of this Agreement. <br />4. Term of License This Agreement shall be effective from the Effective Date <br />through March 19, 2015 ( "Term "), unless terminated earlier. So long as Licensee is not <br />then in default under this Agreement, Licensee may request that the license be <br />renewed. This Agreement may be renewed for up to four (4) additional one -year terms <br />(each a "Renewed Term ") upon written, mutual agreement between City and Licensee. <br />Each Renewed Term shall commence, if at all, upon the expiration of the immediately <br />preceding Term and end twelve (12) months later. Licensee shall trigger renewal, if at <br />all; by giving written notice to City of its interest in renewing the Agreement within ninety <br />(90) days prior to expiration of the then - current Term. <br />5. Period of Use The farmers' market events shall be held between the hours <br />of 5:30 a.m. and 1:00 p.m. every Saturday during the months of April through <br />November, except those Saturdays which fall on or are adjacent to major holidays, <br />and /or others as determined and agreed to between Licensee and City, or in the event <br />of emergency or disaster in the discretion of the City Manager. The farmers' market will <br />be open to the public from 8:00 a.m. to 12:00 p.m. The participants and vendors will set <br />up their stalls between the hours of 5:30 a.m. and 8:00 a.m. and take down between <br />12:00 p.m. and 1:00 p.m. City does not guarantee adequate nighttime lighting for an <br />outdoor event. City reserves the right to periodically review the seasonal operation <br />period and hours of operation for the farmers' market and limit the season, frequency of <br />events, or hours of operation, in the City Manager's discretion. <br />6. Security Deposit Licensee shall deposit with City the sum of $2,000.00 as a <br />security deposit ( "Security Deposit "). City shall hold the Security Deposit for the faithful <br />performance by Licensee of Licensee's obligations under this Agreement, including <br />remedying any default in Licensee's obligations under this Agreement to restore, <br />replace, or return property, improvements, or appurtenances. Within three (3) weeks <br />after the Agreement expires or is earlier terminated, City shall furnish Licensee with an <br />itemized written statement of the basis for, and amount of, the Security Deposit retained <br />and its expenditure, and will return any remaining portion of the Security Deposit to <br />ATTY /AGR /2012.029 /FARMERS MARKET LICENSE - KIWANIS <br />REV:03 -15 -12 <br />Page 2 of 14 <br />
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