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21-017 Amendment #3 11-23-211 THIRD 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 Third Amendment to the above-referenced License Agreement between the City of Cupertino and West Coast Farmer’s Market Association, for reference dated 10/27/2021, 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. The Agreement, First Amendment and Second Amendment are collectively referred to as the “Agreement” unless otherwise indicated. E. 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 2 of the Agreement is modified to read as follows: Term. This License shall commence on the Effective Date and end on 03/20/2022 (“Term”), unless extended by separate written agreement approved by the City Manager or terminated before the end of the Term, as provided herein. 2. 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. 2 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 R. Jerry Lami Executive Director Nov 23, 2021 Christopher D. Jensen City Manager Nov 23, 2021 Nov 23, 2021 WCFMA License Third Amendment Final Audit Report 2021-11-23 Created:2021-11-03 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAyNqnZvacJI7HskbamJPEZWGDDCStZZOJ "WCFMA License Third Amendment" History Document created by Kevin Khuu (KevinK@cupertino.org) 2021-11-03 - 3:24:37 PM GMT- IP address: 73.202.165.202 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-11-03 - 3:27:26 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-11-03 - 3:47:36 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to R. Jerry Lami (jerry@wcfma.org) for signature 2021-11-03 - 3:47:38 PM GMT Email viewed by R. Jerry Lami (jerry@wcfma.org) 2021-11-03 - 4:31:17 PM GMT- IP address: 174.241.45.113 Email viewed by R. Jerry Lami (jerry@wcfma.org) 2021-11-23 - 1:59:50 AM GMT- IP address: 76.126.58.69 Document e-signed by R. Jerry Lami (jerry@wcfma.org) Signature Date: 2021-11-23 - 6:46:06 PM GMT - Time Source: server- IP address: 17.234.51.190 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-11-23 - 6:46:09 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-11-23 - 7:06:41 PM GMT- IP address: 104.47.74.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-11-23 - 7:07:04 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Greg Larson (gregl@cupertino.org) for signature 2021-11-23 - 7:07:07 PM GMT Email viewed by Greg Larson (gregl@cupertino.org) 2021-11-23 - 7:19:27 PM GMT- IP address: 104.47.46.254 Document e-signed by Greg Larson (gregl@cupertino.org) Signature Date: 2021-11-23 - 7:20:10 PM GMT - Time Source: server- IP address: 63.249.70.36 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-11-23 - 7:20:12 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-11-23 - 7:34:19 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-11-23 - 7:34:27 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2021-11-23 - 7:34:27 PM GMT