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06-0405_CHAMBER OF COMMERCE, SJC_License & Indeminity Agr 1st AmdFIRST AMENDMENT TO THE LICENSE AND INDEMNITY AGREEMENT FOR DOWNTOWN FARMER'S MARKET This First Amendment to the Downtown Farmer's Market License and Indemnity Agreement (this "First Amendment") is made and entered into this 5th day of December 2006, by and between the City of San Juan Capistrano (the "City") and the San Juan Capistrano Chamber of Commerce (the "Licensee"). RECITALS WHEREAS, on April 5, 2006 the City and Licensee entered into a License and Indemnity Agreement for conducting a Downtown Farmer's Market, hereinafter "Original Agreement," attached to referenced herein; and, WHEREAS, Licensee desires to use portions of the Property to conduct a once weekly open-air Farmer's Market ("Permitted Activities"), selling products directly from the farm to create urban vitality and street life in the downtown and City desires to grant Licensee permission to engage in the Permitted Activities on the Property; and, WHEREAS, it has been identified that there is a need to include booths at the San Juan Capistrano Farmer's Market allowing local merchants to promote their products to the community and the current agreement provides only for fresh food and flowers; the City and its Licensee desire to offer additional promotion for local businesses as an option. WHEREAS, the City supports the purpose of the Farmer's Market amendment to promote local businesses. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and the terms, covenants, and conditions set forth in this Amendment, the Parties hereby agree as follows: SECTION 1. Section 2, of the Original Agreement entitled "Description of Event" shall be amended to include booths for San Juan Capistrano business owners on the last Wednesday of the month, who are members of the Chamber and maintain a physical address within the city limits, to showcase their goods, products, services and wares. The maximum number of booths shall not exceed the existing limitations as outlined in Section 2, under "Set Up." Page 1 of 2 SECTION 2. All other terms and conditions of the said Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first written above. City of San Juan Capistrano ayor: "SamAllevato Approved as to Form: John haw, City Attorney 7 Chamber of Commerce Charles S. Varga, President Page 2 of 2