Agmt24 Pizza My Heart, Inc. (831 Middlefield)

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OUTDOOR BUSINESS ACTIVITY LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License Agreement") is made and entered into as of this 25th day of October 20 24 ("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 Pizza My Heart, 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, on July 22, 2024, the City Council approved an Ordinance amending City Code Chapter 29 to the Program, to among other things, explicitly allow for the extension of Outdoor Business Activity to encroach upon frontage of adjacent property with written consent of the adjacent business owner and the adjacent property owner; and WHEREAS, Licensee received written permission from the adjacent business owner and adjacent property owner to extend Licensee's use into their frontage which Licensee desires to use and is incorporated into the License Area as defined in this License Agreement; 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. REV: 10-24-24 JB ATTY/AGR.2024.204/Pizza My Heart (831 Middlefield Rd) (Page 1 of 29)