AgdaPkt 2012-06-18 Special - Laserfiche WebLink

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6.1. F. - Page 4 City Manager and City Council. Notwithstanding the foregoing, reduction of the Farmers' Market Area may be implemented by mutual written agreement between Licensee and the City Manager. 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. 4. Term of License. This Agreement shall be effective from the Effective Date through June 17, 2013 ("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 request 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 10:00 a.m. and 8:00 p.m. every Friday, except those Fridays which fall on or are adjacent to major holidays, and/or others as determined and agreed to between Licensee and City, or in the event of emergency or disaster in the discretion of the City Manager. The farmers' market will be open to the public from 11:00 a.m. to 6:00 p.m. The participants and vendors will set up their stalls between the hours of 10:00 a.m. and 11:00 a.m. and take down between 6:00 p.m. and 8:00 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. Upon approval of this agreement, the farmers' market shall commence no earlier than June 29, 2012. 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, replace, or return property, improvements, or appurtenances. Within three (3) weeks after the Agreement expires or is earlier terminated, City shall furnish Licensee with an itemized written statement of the basis for, and amount of, the Security Deposit retained and its expenditure, and will return any remaining portion of the Security Deposit to Licensee. No trust relationship between City and Licensee is created on account of the Security Deposit, and City may commingle the Security Deposit with other funds of City. ATTY/AGR/2012.077/FARMERS MARKET REVOCABLE LICENSE AGREEMENT REV:06-14-12 VR Page 2 of 14