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FIRST AMENDMENT TO
LICENSE AGREEMENT
(Community Garden)
THIS FIRST AMENDMENT TO THE LICENSE AGREEMENT (“First Amendment”) is entered into as of this 2nd day of September, 2025 by and between the City of Foster City (“Licensee” or “City”) and Island United Church (“Licensor”), collectively referred to as the “Parties.”
RECITALS
WHEREAS, on May 6, 2024, the Parties entered into a License Agreement (“Agreement”) granting the City the right to operate a pilot community garden on a portion of the Licensor’s property located at 1130 Balcultha Drive, Foster City, California; and
WHEREAS, the City and Licensor now desire to amend the Agreement to allow for the potential installation and operation of additional garden plots beyond those originally authorized;
TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties agree as follows:
1. 1. Expansion of Garden Area and Improvements.
Section 2.2 of the Agreement is hereby amended to add the following paragraph:
“2.2.4 The Licensee may request in writing to expand the Garden to include additional Gardening Plots beyond the original fifteen (15) (“Request for Expansion”). The Request for Expansion shall include a site plan, proposed location and number of Gardening Plots, and any necessary infrastructure improvements (e.g., irrigation, fencing, access paths). The Request for Expansion and infrastructure improvements shall be reviewed and shall be subject to written approval of the Licensor. Licensor shall not be responsible for any costs associated with the Request for Expansion and the additional Garden Plots unless otherwise agreed to in writing by the Parties, and the additional Gardening Plots shall be subject to all applicable terms of this Agreement.”
2. Except as modified by this First Amendment, all terms, conditions, and provisions of the Agreement remain in full force and effect. All definitions of the Agreement shall apply to this First Amendment.
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IN WITNESS WHEREOF, the duly authorized representatives of the Parties to this First Amendment have executed this First Amendment as of the day and year first above written.
LICENSEE: CITY OF FOSTER CITY
By: ___________________________
Stefan Chatwin
City Manager
Date: _________________________
LICENSOR: ISLAND UNITED CHURCH
By: ___________________________
Margaret Hanzl Divine
President
Date: _________________________
ATTEST:
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Priscilla Schaus, City Clerk
APPROVED AS TO FORM:
__________________________________
Benjamin L. Stock, City Attorney