GRAIN PROJECT, INC. THE 1B -2005

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INSURANCE NOT ON FlLE WOI?!':'MAY JiQIPROCEED CLERK OF COUNCIL DATE: :5 . ;<1- 07 c: ~M l~) (I:! .~u~\dJ\ N-2005-041-02 SECOND AMENDMENT TO RIGHT OF ENTRY AND LICENSE AGREEMENT THE GRAIN PROJECT THIS SECOND AMENDMENT TO THE RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered into as of this ~ day of May, 2007 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 PRO.T1U'T, INC., a California nonprofit public benefit corporation (herein referred to as "Grain Project"), with respect to the following: . RECITALS 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"). The Agreement was amended and extended on April 12, 2006, City Agreement No. N-2005-041, and currently the Grain Project's right of entry and license expires no later than the two (2) year anniversary of the first Certified Fanners' 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 (i) extending the Certified Fanners' Market for an additional one (1) year term, and (ii) permitting the Grain Project to add to the Market up to seven (7) new artisan vendors to sell original handmade art and craft items. 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 Fanners' 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 three (3) year anniversary of the initial Certified Fanners' 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 addition of a section IV(7) to the Rules and Regulations for the Santa Ana Farmers' Market to permit up to seven (7) new artisan vendors at