HomeMy WebLinkAbout22-088 Pacific Coast Farmer's Market Association License Agreement_Amendment #4 dated 5-29-26 for Creekside Park1
FOURTH AMENDMENT TO LICENSE AGREEMENT
FOR USE OF CREEKSIDE PARK NORTH PARKING
LOT BY AND BETWEEN THE CITY OF CUPERTINO
AND PACIFIC COAST FARMERS’ MARKET
ASSOCIATION
This Fourth Amendment to the above-referenced License Agreement between the City
of Cupertino and Pacific Coast Farmers’ Market Association, for reference dated 5/12/2026, is
by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "Licensor")
and Pacific Coast Farmers’ Market Association, a nonprofit organization (“Licensee”) whose
address is 5060 Commercial Circle, Suite A, Concord, CA 94520, and is made with reference
to the following:
RECITALS:
A. On 7/6/2022, the License Agreement (“Agreement”) was entered into by and
between Licensor and Licensee for Use of Creekside Park North Parking Lot.
B. On 6/29/2023, Licensor and Licensee agreed to the First Amendment for Use of
Creekside Park North Parking Lot.
C. On 05/28/2024, Licensor and Licensee agreed to the Second Amendment for Use
of Creekside Park North Parking Lot.
D. On 04/07/2025, Licensor and Licensee agreed to the Third Amendment for Use
of Creekside Park North Parking Lot.
E. The Agreement, First Amendment, Second Amendment, and Third
Amendment are 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 the 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 6/30/2029
(“Term”), unless extended by separate written agreement approved by the City
Manager or terminated before the end of the Term, as provided herein.
2. Paragraph 7 of the Agreement is modified to read as follows:
2
Termination of License. Licensor or Licensee may terminate this License for any
reason, upon 30 days written notice
3. Exhibit B of the Agreement is replaced with a new Exhibit B-1 attached hereto.
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
LICENSEE, PACIFIC COAST FARMERS’
MARKET ASSOCIATION
By
Title
Date
APPROVED AS TO FORM
Senior Assistant City Attorney
ATTEST:
City Clerk
Date
May 27, 2026
Executive Director
Michael K Woo
May 28, 2026
City Manager
Lauren Sapudar
May 29, 2026
1
EXHIBIT B-1
CONDITIONS OF USE
The LICENSEE will operate a weekly, Friday farmers market subject to the following conditions of
use:
1. SITE PLAN.
1.1. The site plan attached to the Agreement as Exhibit A indicates the approved locations and
number of all equipment, food and vendor booths, tents and canopies, waste and recycle
containers, vendor parking spaces, event attendee parking spaces, signage, and traffic ingress
and egress from the lot.
1.2. There will be no more than 40 stalls and 25 vans/trucks/commercial vehicles on site.
1.3. There will be no more than 25 producers operating at the Market.
1.4. Approximately 1,500 persons are expected to attend the Market each week.
1.5. All designated fire lanes shall be a minimum of 20 feet in width. Designated fire breaks between
stalls shall be 10 feet in width.
1.6. Licensee shall be responsible to ensure that all extension cords shall be secured to prevent a
tripping hazard.
1.7. If a material change to the initial approved layout is anticipated as a result of the addition of
vendor booths, Licensee shall contact Parks and Recreation, Community Development, and Fire
to ensure compliance with appropriate regulations at least 15 business days prior to the first
event at which such changes are expected to be implemented. This change shall be reviewed and
approved by Licensor.
2. SIGNAGE.
2.1. Licensee will post temporary signage as listed below:
2.1.1. Licensee will place A-frame signs in the Market area of the Creekside north parking lot
between 7:00 a.m. and 12:00 p.m. on Thursdays to notify patrons that public parking in that
lot will not be allowed on Fridays 6:00 a.m. to 2:30 p.m., and that violators will be towed,
but that public parking will continue to be available in the Creekside south parking lot.
2.1.2. Licensee will place A-frame “No Farmer’s Market parking” signs at entrances to 24-stall
south parking lot one hour prior to the Market opening and leave them in place until the
Market closes at 2:30 p.m.
2.2. All signage must comply with City Ordinance 19.104 with appropriate permits, unless the signs
are placed on City Park property.
3. MARKET HOURS.
Licensee shall comply with the stipulations set forth below to minimize sound and traffic impacts:
3.1. Vendor arrival, load-in, and set-up shall begin no earlier than 7:00 a.m.
3.2. Market hours will begin no earlier than 8:30 a.m. and end no later than 1:00 p.m.
3.3. Load out, cleanup of litter and debris, and waste removal will be completed no later than 2:30 p.m.
4. MARKET ACTIVITIES.
4.1. Commercial food is permitted at the Market.
4.2. Alcohol sales at the Market are prohibited.
5. PARKING.
5.1. Licensee shall handle all traffic control in and around the Market site.
2
5.2. Licensee shall monitor parking on Market days with appropriate signage and provide
staff/volunteers to direct parking.
5.3. Licensee will ensure vendor loading/unloading and parking occurs only in designated areas.
5.4. The 24-stall Creekside south parking lot will remain designated for ADA parking, park users, and
City activity participants.
5.5. Vehicles in violation of the parking restrictions will be towed away at owner’s expense.
5.6. Licensee is responsible to contact City of Cupertino Code Enforcement to arrange towing, at 408-
777-3182.
6. WASTE MANAGEMENT AND STORM WATER POLLUTION PREVENTION.
6.1. Licensee is responsible for litter clean up during and after the Market in the event area and on the
adjacent south parking lot, playground, and landscape/turf areas of the park.
6.2. Any post-event clean up required to be conducted by the Licensor will result in staff time and
material and/or equipment costs to be assessed to the Licensee.
6.3. Licensee shall be financially responsible for damages to any public property that may occur as a
result of Market activities and attendance.
6.4. Licensee shall install and maintain two temporary waste stations for use by the event patrons.
Waste stations consist of three Recology branded “event boxes” for landfill, recycling, and
compostable. Event boxes shall be lined with clear plastic bags and serviced as needed during the
event. Event boxes shall be obtained from Recology at Licensee’s expense.
6.5. All waste generated during the Market shall be self-hauled and disposed off-site, by the Licensee.
6.6. Washing and/or rinsing of any product or equipment is prohibited unless the water is contained
in appropriate dedicated gray water collection tanks. Collection tanks shall be emptied off-
premises in accordance with all laws.
6.7. Licensee shall maintain an appropriately equipped spill kit including towels, absorbent, broom,
and waste containers for dry method clean-up of any liquids or solids.
6.8. Distribution of single-use produce bags is discourages, but permitted only for produce items.
6.9. Expanded polystyrene (EPS) foam food ware is prohibited from being distributed by any vendor.
6.10. Food vendors may not dispose of grease on site.
6.11. The public park restrooms must remain available to, and in acceptable condition for, park patrons
during the days the event is held. Should Market attendees have a significant impact on the park
restrooms, such that additional mid-day servicing is required, Licensee will bear the cost of this
service (estimated at $180 per day). If even with servicing, available public park restrooms are
found to be inadequate to handle the volume of attendees, the Licensee may be required to provide
portable toilets at its expense.
7. RESTRICTIONS ON USE OF PARK PROPERTY.
7.1. Licensee shall comply with the rules and regulations regarding the use of Park Property.
7.2. In compliance with City Municipal Code Section 10.48.052 Outdoor Public Events, this License
allows amplified sound between 11:00am to 1:30pm, with a limit of 70 dBA (decibels) at the closest
residential property and continuous or repeated peak noise levels must remain below 95 dBA
where persons may be continuously exposed.
7.3. Licensee will adhere to the rules and regulations included in City Ordinance 13.04 Parks. Vendors
are not allowed to drive a vehicle in the park or any landscaping within the parking lot for any
purpose, including unloading of supplies and equipment. All unloading must be done in the
parking lot or curbside.
7.4. Per City Ordinance 10.90.020, smoking is prohibited in City recreation areas, parks, and parking
lots.
3
8. CITY BOOTH. Licensee shall grant Licensor one booth space free of charge, for the purpose of public
education and outreach.
9. ANIMALS PROHIBITED. Signs shall be posted around the perimeter of and throughout the Market
stating that animals are prohibited within the area of the Market, in accordance with the State of
California Health and Safety Code. This prohibition shall not apply to service animals, as defined in
the Americans with Disabilities Act, or to on-duty police dogs with handlers.
10. SECURITY. Licensee may be required to provide on-site security if deemed required by the Licensor.
11. EVALUATION AND REPORTING
11.1. Licensee will meet with Assistant Director of Parks and Recreation or designated staff as
requested to evaluate use and neighborhood, traffic, and/or park facilities impact.
12. TABLING AND BOOTH SPACE AT CITY EVENTS. Licensee agrees to provide a booth and/or
exhibit at City events, when mutually agreed to by Licensor, to provide information about Licensee
and its functions, such as educational materials regarding local fresh produce and related businesses
within Cupertino, and/or provide additional activities for kids and children. Licensee will be
responsible for all equipment, supplies, and marketing materials for these booths/exhibits.
13. WORKSHOPS AND COMMUNITY MEETINGS. If mutually agreed upon by both parties, Licensee
may offer free nutrition education classes, cooking demonstrations, or informational workshops to the
community at Licensor’s other facilities, subject to availability.
License Agreement for Use of Creekside Park
North Parking Lot
Final Audit Report 2026-05-29
Created:2026-05-27
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAXe0PXMRpE37KbdhClaov4BxAvcQCI_p-
"License Agreement for Use of Creekside Park North Parking Lo
t" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2026-05-27 - 2:56:55 PM GMT- IP address: 35.229.54.2
Document emailed to aracelia@cupertino.org for approval
2026-05-27 - 3:00:15 PM GMT
Email viewed by aracelia@cupertino.org
2026-05-27 - 3:00:32 PM GMT- IP address: 98.92.26.199
Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre
2026-05-27 - 3:11:06 PM GMT- IP address: 71.202.76.156
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2026-05-27 - 3:11:08 PM GMT - Time Source: server- IP address: 71.202.76.156
Document emailed to Allen Moy (allenmoy@pcfma.org) for signature
2026-05-27 - 3:11:11 PM GMT
Email viewed by Allen Moy (allenmoy@pcfma.org)
2026-05-27 - 3:22:47 PM GMT- IP address: 96.90.214.93
Document e-signed by Allen Moy (allenmoy@pcfma.org)
Signature Date: 2026-05-27 - 3:23:48 PM GMT - Time Source: server- IP address: 96.90.214.93 - Signature Appearance Selected: IMAGE
Document emailed to michaelw@cupertino.org for signature
2026-05-27 - 3:23:50 PM GMT
Email viewed by michaelw@cupertino.org
2026-05-27 - 3:24:00 PM GMT- IP address: 98.92.28.44
Signer michaelw@cupertino.org entered name at signing as Michael K Woo
2026-05-28 - 9:36:51 PM GMT- IP address: 98.33.114.31
Document e-signed by Michael K Woo (michaelw@cupertino.org)
Signature Date: 2026-05-28 - 9:36:53 PM GMT - Time Source: server- IP address: 98.33.114.31 - Signature Appearance Selected: TYPE
Document emailed to tinak@cupertino.org for signature
2026-05-28 - 9:36:55 PM GMT
Email viewed by tinak@cupertino.org
2026-05-28 - 9:37:03 PM GMT- IP address: 54.83.157.85
Signer tinak@cupertino.org entered name at signing as Tina Kapopr
2026-05-28 - 10:28:12 PM GMT- IP address: 174.236.96.30
Document e-signed by Tina Kapopr (tinak@cupertino.org)
Signature Date: 2026-05-28 - 10:28:14 PM GMT - Time Source: server- IP address: 174.236.96.30 - Signature Appearance Selected:
MOBILE_DRAW
Document emailed to laurens@cupertino.org for signature
2026-05-28 - 10:28:16 PM GMT
Email viewed by laurens@cupertino.org
2026-05-28 - 10:28:26 PM GMT- IP address: 54.144.252.195
Signer laurens@cupertino.org entered name at signing as Lauren Sapudar
2026-05-29 - 4:45:39 AM GMT- IP address: 90.116.206.27
Document e-signed by Lauren Sapudar (laurens@cupertino.org)
Signature Date: 2026-05-29 - 4:45:41 AM GMT - Time Source: server- IP address: 90.116.206.27 - Signature Appearance Selected:
MOBILE_TYPE
Agreement completed.
2026-05-29 - 4:45:41 AM GMT