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City Manager and City Council. Notwithstanding the foregoing, reduction of the Farmers' <br /> Market Area may be implemented by mutual written agreement befinreen Licensee and <br /> the City Manager. <br /> 3. Grant of License: Use of License Area. A revocable license is hereby granted <br /> for the development, organization, operation, maintenance and management of a <br /> Certified Farmers' Market in accordance with and pursuant to all applicable permits and <br /> Laws, including Article 15, Chapter 4, Division 104, Part 7 of the California Health and <br /> Safety Code, commencing with Section 114350, and for no other use or uses <br /> whatsoever. <br /> 4. Term of License. This Agreement shall be effective from the Effective Date <br /> through June 17, 2013 ("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 finrelve (12) months later. Licensee shall request 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 befinreen the hours <br /> of 10:00 a.m. and 8:00 p.m. every Friday, except those Fridays which fall on or are <br /> adjacent to major holidays, and/or others as determined and agreed to befinreen <br /> Licensee and City, or in the event of emergency or disaster in the discretion of the City <br /> Manager. The farmers' market will be open to the public from 11:00 a.m. to 6:00 p.m. <br /> The participants and vendors will set up their stalls between the hours of 10:00 a.m. and <br /> 11:00 a.m. and take down befinreen 6:00 p.m. and 8:00 p.m. City does not guarantee <br /> adequate nighttime lighting for an outdoor event. City reserves the right to periodically <br /> review the seasonal operation period and hours of operation for the farmers' market and <br /> limit the season, frequency of events, or hours of operation, in the City Manager's <br /> discretion. Upon approval of this agreement, the farmers' market shall commence no <br /> earlier than June 29, 2012. <br /> 6. Securitv 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 /> Licensee. No trust relationship befinreen City and Licensee is created on account of the <br /> Security Deposit, and City may commingle the Security Deposit with other funds of City. <br /> ATTY/AGR/2012.077/FARMERS MARKET REVOCABLE LICENSE AGREEMENT <br /> REV:O6-22-12 VR <br /> Page 2 of 14 <br />