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21-017 Amendment #4 03-15-221 FOURTH AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY USE OF SENIOR CENTER/MEMORIAL PARK PARKING LOT BY AND BETWEEN THE CITY OF CUPERTINO AND WEST COAST FARMER’S MARKET ASSOCIATION This Fourth Amendment to the above-referenced License Agreement between the City of Cupertino and West Coast Farmer’s Market Association, for reference dated 3/14/2022, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "Licensor") and West Coast Farmer’s Market Association, a nonprofit organization (“Licensee”) whose address is 209 Yarborough Lane, Redwood City, California 94061, and is made with reference to the following: RECITALS: A. On 2/11/2021, the License Agreement (“Agreement”) was entered into by and between Licensor and Licensee for Temporary Use of Senior Center/Memorial Park Parking Lot. B. On 4/21/2021, Licensor and Licensee agreed to the First Amendment for Temporary Use of Senior Center/Memorial Park Parking Lot. C. On 9/13/2021, Licensor and Licensee agreed to the Second Amendment for Temporary Use of Senior Center/Memorial Park Parking Lot. D. On 11/23/2021, Licensor and Licensee agreed to the Third Amendment for Temporary Use of Senior Center/Memorial Park Parking Lot. E. The Agreement, First Amendment, Second Amendment, and Third Amendment are collectively referred to as the “Agreement” unless otherwise indicated. F. Licensor and Licensee desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 of the Agreement is modified to read as follows: Use. Licensor hereby grants to Licensee and its agents and contractors, a nonexclusive, revocable license (the “License”) to enter upon and use of Property, as identified in Exhibit A, subject to the terms and conditions herein, for the purpose of conducting a weekly certified farmer’s market. The Market will be held on Sundays, from 7:00 a.m. 2 to 2:30 p.m., subject to Property availability as described in the attached Exhibit C. Licensee agrees to carry out these uses as described in Exhibit B and in a manner compatible with the standard care applicable to Licensee’s profession. This grant of License shall not confer any property right to Licensee. 2. Paragraph 2 of the Agreement is modified to read as follows: Term. This License shall commence on the Effective Date and end on 04/24/2022 (“Term”), unless extended by separate written agreement approved by the City Manager or terminated before the end of the Term, as provided herein. 3. Exhibit C is attached hereto and included in the Agreement. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. LICENSOR, CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date LICENSEE, WEST COAST FARMER’S MARKET ASSOCIATION By Title Date 1360815.1 Executive Director Mar 15, 2022 Christopher D. Jensen City Manager Mar 15, 2022 Mar 15, 2022 EXHIBIT C PROPERTY AVAILABILITY SCHEDULE The Property is available on Sundays, except for the following dates: Sunday, April 3, 2022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY $ $ P O Box 4781 Omega Insurance Services Cert ID 519 10300 Torre Avenue Burlington Insurance Company 23620 Scottsdale Insurane Company 41297 State Fund Insurance Company 35076 02/10/2022 75 Arch Street Apt # 311 01/15/2022 01/15/2023XBS0152662 Y certs@iabc-ins.com Y 01/15/2022 01/15/2023 Y 181B502266 A B C X X X X Foster City CA 94404 Cupertino CA 95014 Redwood City CA 94061 (650) 292-5729 (650) 574-7172 X X X X 1,000,000 100,000 1,000,000 1,000,000 1,000,000 3,000,000 3,000,000 5,000 01/15/2022 01/15/2023181B502266 12/18/2021 12/18/2022924288921 1,000,000 1,000,000 2,000,000 Included City of Cupertino, its City Council, officers, officials,employees, agents ,servants & volunteer Cupertino Location for Sunday Market - 7am to 2pm. Cupertino Location address - 21251 Stevens Creek Blvd., Cupertino, CA 95014 West Coast Farmers Market Association, LLC. Page 1 of 1 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 13 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 13 05 09 © Insurance Services Office, Inc.,2008 Page 1 of 1  ADDITIONAL INSURED –STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION –PERMITS OR AUTHORIZATIONS RELATING TO PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II –Who Is An Insured is amended to in- clude as an insured any state or governmental agen- cy or subdivision or political subdivision shown in the Schedule, subject to the following additional provision: This insurance applies only with respect to the follo w- ing hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 1.The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, street banners or decorations and similar exposures; or 2.The construction, erection or removal of elevators; or 3.The ownership, maintenance or use of any eleva- tors covered by this insurance. WCFMA License Fourth Amendment Final Audit Report 2022-03-16 Created:2022-03-14 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAACSaCuPmpIYsWvmbIx-KxHSsMoNvQCYfK "WCFMA License Fourth Amendment" History Document created by Kevin Khuu (KevinK@cupertino.org) 2022-03-14 - 3:50:55 PM GMT- IP address: 73.202.165.202 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-03-14 - 4:03:00 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-03-14 - 5:22:24 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Jerry Lami (jerry@wcfma.org) for signature 2022-03-14 - 5:22:26 PM GMT Email viewed by Jerry Lami (jerry@wcfma.org) 2022-03-16 - 2:21:24 AM GMT- IP address: 104.28.124.69 Document e-signed by Jerry Lami (jerry@wcfma.org) Signature Date: 2022-03-16 - 2:22:41 AM GMT - Time Source: server- IP address: 76.126.58.69 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-03-16 - 2:22:43 AM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-03-16 - 2:23:02 AM GMT- IP address: 104.47.73.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-03-16 - 2:23:31 AM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Jim Throop (jimt@cupertino.org) for signature 2022-03-16 - 2:23:34 AM GMT Email viewed by Jim Throop (jimt@cupertino.org) 2022-03-16 - 2:55:05 AM GMT- IP address: 104.47.73.126 Document e-signed by Jim Throop (jimt@cupertino.org) Signature Date: 2022-03-16 - 2:56:21 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-03-16 - 2:56:23 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-03-16 - 2:58:32 AM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-03-16 - 2:58:47 AM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2022-03-16 - 2:58:47 AM GMT