EAST END REALTY PARTNERSHIP, LP. AND WURSTHAUS, INC. (2)

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01 C0 >URANCE NOT ON FILE A-2020-213 *OA VORK MAY NOT PROCEED CLERK OF COUNCIL DATE: SECOND AMENDMENT TO TEMPORARY P IZ (NA �1)(Yl Ivi 0. Cie vc+L) l OUTDOOR DINING LICENSE AGREEMENT This SECOND AMENDMENT TO TEMPORARY OUTDOOR DINING LICENSE AGREEMENT ("Second Amendment to License Agreement") is entered into this 17th day of _ November , 2020, 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 No. A-2019-063 ("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. On November 30, 2019, the City and Licensee entered into a First Amendment to Temporary Outdoor Dining License Agreement No. A-2019-200 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 Property. 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 for an additional one year, subject to the payment of an additional License Fee by Licensee; increase the amount of the License Fee to cover the extended term; and, allow a five (5) foot extension of the outdoor patio to align with the restaurant's front door. 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: 1. Section 1, Term and Purpose of License, shall be amended to extend the term of the License Agreement from November 30, 2020, until November 30, 2021. 2. Section 1, Terms and Purpose of License, shall also be amended to increase the size of the Licensed Premises by extending the outdoor patio by an additional five (5) feet to the south to align with the restaurant's front door, thus increasing the size of the Licensed Premises, as depicted in Exhibit 1 attached hereto and incorporated herein by reference. 3. Section 2, Licensed Premises and Use, subsection (a), shall be amended to reference Exhibit 1 attached hereto to depict the expanded Licensed Premises under said License Agreement. 1