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Home My WebLink AboutGRAIN PROJECT, INC. THE 1B -2005 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 each the Fanners' Market, as set forth in the Attachment to this second amendment, which is incorporated herein as though fully set forth. 3. The City hereby consents to amendment of the Rules and Regulations of the Fanners' Market to permit non-profit corporations and community information groups, youth- oriented vendors and performing artists (see section IV(4) - IV(6) of the Agreement) to sell, as ancillary to their involvement with the Fanners' Market, manufactured goods (e.g., CD's, promotional materials) related to their mission 4. The parties acknowledge and agree that the Grain Project is provided each week with the following equipment by the City: a. Five (5) type A frame barricades. b. Three (3) P-607 locks with keys. c. Two (2) Electrical Spider Boxes. d. Two (2) 25" electrical cords. The Grain Project agrees that it shall be responsible to remove (prior to each Fanners' Market) and replace (after each Fanners' Market) this equipment in locations approved by the City, and shall be responsible for it during this period only. The City agrees that Grain Project is not responsible for the equipment at any other time. 5. Except as expressly amended herein, each and every provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this First Amendment to the Agreement as of the date first set forth above. GRAIN PROJECT, INC., a California Nonprofit Public Benefit Corporation Lara Montagne Executive Director By: 2 CITY OF SANTA ANA, a Charter City ATTEST: /~--~ '~~ ~-. Patricia E. Healy, Clerk of the Council ~ By: . David N. Ream, City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney .<<: By: 3 ATTACHMENT santa ana certified farmers' market Participation of Artisans 10;;:::- .::',- "-('::-'::.:-f?:'~.(:~?' 1!f~;;;,....C,:--v l' '\ ~~/~\j,. :"....-....-. . ..~"l ;'. ._.,-'~..-' ..~_.'- I.~---. _. WW'N, gC<l.Lnp I"('J <i:ct .l)J'g in the Santa Ana Certified Farmers'Market The Artisan section of the market is juried for the exhibition and sale of original handmade art and craft items. All fine craft and art media are accepted including, but not limited to: clay, fiber, furniture, glass, jewelry, metal, paper, wood, original painting, drawing, photography, sculpture, fiber art, digital, and mixed media. Work for each Market must be original and executed by the accepted artist or have been created under their supervision. The applicant must produce at least 80% of the perceived value (excluding raw materials of the craft item). Issues of durability, assembly, quality of execution, and appropriate fmishing will be considered. Works produced with commercial kits, molds, prefabricated forms, or commercial methods are not eligible. Clothing and accessories (handbags, aprons, purses, etc.) must be handmade (sewn by the artisan her/himself or partnering artisan). Because booth space is limited in the Market, permission to participate is granted to artisans who meet the Market's quality, presentation, and safety requirements and who are invited to participate once their application is processed by the Market Committee. The Market Manager reserves the right to limit certain types of products, when necessary, to maintain Market balance. No vendor may sell at the Market until all required documentation is received and the Market Manager approves the vendor. If, in the future, you wish to sell additional and/or different items at the Market, you must obtain approval from the Market Manager in advance. Submission Requirements: Interested vendors should email or snailmail their completed application, photos oftheir work and booth set-up, a copy of their Seller's Permit. and signed Hold-Harmless Agreement to The Grain Project (address below). The actual Seller's Permit must accompany the artist at their booth for the duration of the Market. The Grain Project and the Santa Ana Certified Farmers' Market will not collect or pay any sales tax. Payment of sales tax is the sole responsibility of the exhibitor. . Seller's Permits are usually free. Applications are available for printing from the Board of Equalization's website (Jll1I2.~L:\\ \!..~~~~~'.(<l.~()\"jJll()"'rl,,'gJllJll and !mn:.','\\ \n\ .hl)I....ca.Ql)\,'vdl>hll,,',lOOsl1:i.ndfl. The completed application can be delivered in person or mailed to any ofBOE's field offices. The Santa Ana office is located at: Board of Equalization.. Santa Ana 28 Civic Center Plaza, Rm 239, 92701.4011 Call 714.558-4059 Fax: 714-558.4904 QuocI<Tmo""", Tll'fllZWldHo......- ..._.._...~ ""\On'.1! fa j n () ro i eet.n r!! For more information or to become a vendor, please contact ns at info,u2rainnrniccl.or2. (714) 542.9392, or write to The Grain Project, P.O. Box 572, Santa Ana, CA 92702 4