Agmt12 Redwood City Kiwanis Club-Revocable License Agreement

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2. Amendments to Oriqinal Aqreement. Effective on the Relocation Date, or earlier if Licensee provides timely written notice to City of its early relocation to the Alternate Site as provided in Section 1 above, the Original Agreement shall be amended as follows: a. Section 2 (License Area). Section 2 of the Original Agreement is hereby deleted and replaced with the following: "2. License Area. The real property permitted to be used under this Agreement is a portion of property within City's jurisdiction ("City Property") located on Arguello Street extending from Marshall Street to a point approximately 530 feet northwest toward Brewster Avenue, and on Bradford Street from Arguello Street to a point approximately 150 feet northeast (mid-block) toward Warren Street, Redwood City, California ("Farmers' Market Area"). The City Property and Farmers' Market Area are more particularly described in Exhibit "A-1", attached hereto and incorporated herein by reference. Licensee's use of the Farmers' Market Area shall be in accordance with the Site Plan, attached hereto as Exhibit "A-2" and incorporated herein by reference. Licensee shall not modify the Site Plan without obtaining prior written approval from the City Manager." b. Amendment of Section 3(a) (Grant of License). Section 3(a) of the Original Agreement is hereby deleted and replaced with the following: "a. Grant of License. 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 ATTY/AGR/2013/AMENDMENTS/AMEND NO.1 TO KIWANIS FARMERS MARKET LICENSE REV:05-03-13 VR Page 2 of 8