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6.1.D. - Page 19 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 accordance with and pursuant to all applicable permits and Laws, including Article 15, Chapter 4, Division 104, Part 7 of the California Health and Safety Code, commencing with Section 114350, and for no other use or uses whatsoever. Notwithstanding anything to the contrary in this Agreement, Licensee's right to use the Farmers' Market Area is subject to Chapter 33A of the Redwood City Municipal Code, as may be amended from time to time, and is fully contingent on obtaining a Street Closure Permit. Licensee acknowledges and agrees that the provisions of Chapter 33A apply to Licensee and that a Street Closure Permit requires the consent of a majority of property owners. A Street Closure Permit shall be obtained by Licensee on an annual basis for each season. Licensee shall provide the Street Closure Application materials to City by April 1 of each year for processing. City shall make good faith efforts to assist Licensee in obtaining the consent of a majority of property owners fronting upon the Farmers' Market Area. Licensee shall comply with all requirements and conditions of the Street Closure Permit; however, in the event of a conflict between this Agreement and the Street Closure Permit, this Agreement shall control. In the event, Licensee is unable to obtain a Street Closure Permit for any date or season; Licensee shall have no right to use the Farmers' Market Area. 4. Term of License This Agreement shall be effective from the Effective Date through March 19, 2015 ( "Term "), unless terminated earlier. So long as Licensee is not then in default under this Agreement, Licensee may request that the license be renewed. This Agreement may be renewed for up to four (4) additional one -year terms (each 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 trigger renewal, if at all; 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. 5. Period of Use The farmers' market events shall be held between the hours of 2:30 p.m. and 9:00 p.m. every Tuesday during the months of May through September, except those Tuesdays which fall on or are adjacent to major holidays, at the discretion of the Licensee, and /or others as determined and agreed to between Licensee and City. The farmers' market will be open to the public from 4:00 p.m. to 8:00 p.m. The participants and vendors will set up their stalls between the hours of 2:30 p.m. and 3:30 p.m. and take down between 8:00 p.m. and 9:00 p.m. City does not guarantee adequate nighttime lighting for an outdoor event. City reserves the right to periodically review the seasonal operation period and hours of operation for the farmers' market and limit the season, frequency of events, or hours of operation, in the City Manager's discretion. 6. Security Deposit Licensee shall deposit with City the sum of $2,000.00 as a security deposit ( "Security Deposit "). City shall hold the Security Deposit for the faithful performance by Licensee of Licensee's obligations under this Agreement, including remedying any default in Licensee's obligations under this Agreement to restore, ATTY /AGR /2012.028 /FARMERS MARKET LICENSE - ROTARY REV:03 -15 -12 Page 2 of 14