Agmt24 Marafuku (865 Middlefield)

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OUTDOOR BUSINESS ACTIVITY LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License Agreement") is made and entered into as of this September 10 '2024 ("Effective Date"), by and between THE CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California, hereinafter referred to as "the City", and EK Food Services, Inc., a California stock corporation, hereinafter referred to as "the Licensee". The City and the Licensee may be collectively referred to individually as "the City" or "the Licensee" and collectively as "the Parties." RECITALS WHEREAS, on July 25, 2022, the City Council terminated the existing Temporary Outdoor Business Activity Program, Sidewalk Cafe Program and Sidewalk Caf6 Pilot Program that allowed outdoor dining opportunities during the COVID-19 pandemic (collectively the "Terminated Program"); and WHEREAS, concurrently, the City Council established a permanent program that allowed outdoor business activities within the City's rights of way ("Program") under City Code Chapter 29 via Ordinance No. 2510 and adopted via Resolution No. 16062 the City's Program "Guidelines for Parklets and Sidewalk Caf6s" dated May 9, 2022 as set forth in Volume III of the Engineering Standards ("Guidelines"); and WHEREAS, the Program replaces the Terminated Program and provides a predictable process for permitting to allow business establishments providing goods and services within the right-of-way through creation of a parklet and/or sidewalk caf6, including but not limited to retail, dining and personal services in compliance with the Guidelines ("Outdoor Business Activity"); and WHEREAS, City Code Section 29.7 requires, among other things, a license agreement, in the form prescribed by the Community Development and Transportation Department ("Department"), for use of the City's right of way to conduct an Outdoor Business Activity; and WHEREAS, the Parties wish to enter into this License Agreement to specify the terms and conditions of the License to use the City right of way for the Outdoor Business Activity. LICENSE PROVISIONS 1. RECITALS. The Parties agree that the foregoing Recitals and defined terms are true and correct and are hereinafter incorporated as terms of this License Agreement. 2. LICENSE. The City, for and in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Licensee, and upon the following terms and conditions, hereby grants to the Licensee a revocable, non-exclusive license ("License") for the use of those certain areas ("Licensed Area") located within the right-of-way in front of 865 Middlefield Road in the City of Redwood City, San Mateo County, State of California, more particularly described and depicted in Attachment 1 (Description of Encroachment Permit/Licensed Area) to Exhibit "A" (Encroachment Permit) to conduct the REV: 09-06-24 VR ATTY/AGR.2024.155/EK Food Services Inc (865 Middlefield Rd) (Page 1 of 25)