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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1'-1.:<.-07 CLERK OF COUNCIL DATE5-1-~ N-2005-041-01 0: Cf\-O ffi. ~~ FIRST AMENDMENT TO RIGHT OF ENTRY AND LICENSE AGREEMENT THE GRAIN PROJECT THIS FIRST AMENDMENT TO THE RIGHT OF ENTR~ AND LICENSE AGREEMENT ("Agreement") is made and entered into as ofthis~ day of April, 2006 by and between THE CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), and THE GRAIN PROJECT, INC., a California nonprofit public benefit corporation (herein referred to as "Grain Project"), with respect to the following: RECIT ALS A. The City and the Grain Project are parties to that certain right of entry and license agreement dated April 20, 2005, City Agreement No. N-2005-041 (hereafter referred to as "the Agreement"). By its own terms, the Agreement expires no later than the one (I) year anniversary of the first Certified Farmers' Market held on the licensed real property (referred to in the Agreement and herein as "the Property"). B. The Grain Project has requested, and the City has consented, to make certain amendments to the Agreement, including but not limited to extending it for an additional one (I) year term. NOW, THEREFORE, for good and valuable consideration, Grain Project and City do hereby agree as follows: I. Paragraph I of the Agreement is hereby amended as follows: a. The Grain Project is hereby authorized to operate the Certified Farmers' Market (as that term is defined under State law) on the Property each Wednesday from I :00 p.m. to 10:00 p.m., at hours of its choosing; provided, however, that the Certified Farmers' Market shall not be open after 7:00 p.m. unless the Grain Project submits and the City Manager or designee approves a lighting plan for the Property. b. The maximum term of the Agreement is hereby extended for an additional one (I) year (i.e., until the two (2) year anniversary of the initial Certified Farmers' Market being held on the Property); provided, however that notwithstanding the foregoing the Agreement shall still automatically terminate and expire sixty (60) days after written notice of expiration is provided by City Manager, which shall be given at the City Manager's sole and absolute discretion. 2. The City hereby consents to the following two (2) amendments to the Rules and Regulations approved by the County Health Department, which are attached to the Agreement as Exhibit C. a. The City consents to the addition of up to four (4) new vendors who will prepare cooked food or sell pre-prepared cooked food on the Property; provided, however, that