EAST END REALTY PARTNERSHIP, LP AND WURSTHAUS, INC

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INSURANCE NOT ON FILE A-2019-200 WORK MAY MON PROCEED CLERK OF COUNCIL DATE- FIRST AMENDMENT TO TEMPORARY Oulu�ilvbr f4d,�- NrclQnwi� OUTDOOR DINING LICENSE AGREEMENT This FIRST AMENDMENT TO TEMPORARY OUTDOOR D ING LICENSE AGREEMENT ("First Amendment to License Agreement") is entered into this day of —2019, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), East End Realty Partnership, LP, and Wursthaus, Inc. (collectively "Licensee"). RECITALS A. On May 7, 2019, the City and Licensee entered into the Temporary Outdoor Dining License Agreement ("License Agreement") to allow temporary outdoor dining activities within a portion of Plaza Calle Cuatro ("Plaza"), adjacent to real property located at 301-305 East Fourth Street, Suite 106, Santa Ana. B. The City hereby approves an extension of the License Agreement for an additional one year, subject to the payment of an additional License Fee by Licensee, pursuant to the terms and conditions of said License Agreement. C. In accordance with the terms and conditions of said License Agreement, the parties desire to amend said License Agreement to extend the term of said License Agreement, increase the amount of the License Fee to cover the extended term, and clarify the type of fencing that may be installed on the Licensed Premises. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said License Agreement, except as herein modified, the parties agree as follows: Section 1, Term and Purpose of License, shall be amended to extend the term of the License Agreement from November 30, 2019, until November 30, 2020. 2. Section 3, License Fee, shall be amended to reflect that, upon execution of this First Amendment to License Agreement, Licensee shall pay to the City a one-time non-refundable fee of One -Thousand, Two -Hundred and Seventy -Two dollars ($1,272) to cover the extended term of the License. 3. Section 4, Equipment, subsection (a), shall be amended to allow Licensee to drill into the Licensed Premises, as necessary, to install temporary fencing, as approved by the City, which can be easily removed by Licensee when the Plaza is reserved for other events. 4. Except as hereinabove modified, the terms and conditions of said License Agreement remain unchanged and in full force and effect. 25C-4