Agmt 2019 Prop SF-Wes McClure Public Boat Launch #3551

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3551 NON-EXCLUSIVE LICENSE — PROP SF- WES MCCLURE PUBLIC BOAT LAUNCH This non-exclusive license (this "License") is entered into as of February 4, 2019 (the "Effective Date") by and between the City of San Leandro, a California charter city ("City"), and Prop SF ("Prop"), a Limited Liability California Corporation, to provide Prop with access to the Wes McClure Public Boat Launch (as defined below) and the associated Parking Area (as defined below) in order to conduct a daily private charter boat service to destinations determined by agreements between Prop and the entity arranging for such charter service. City and Prop are sometimes individually referred to as "Party" and sometimes collectively referred to as "Parties" throughout this License. RECITALS WHEREAS, City is the owner of that certain real property situated in the City of San Leandro, Alameda County, California, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Shoreline Property"); and WHEREAS, the Shoreline Property includes certain improvements which are used by lessees and the public at large for recreation -related activities, including, but not limited to several leased structures, a harbormaster's office, marina, dock improvements and numerous parking spaces; and WHEREAS, the dock improvements located at the Shoreline Property include a boat launch (the "Wes McClure Public Boat Launch"), which is available to members of the public for loading and unloading of vessels; and WHEREAS, Prop provides a private charter ferry service under contract to various entities who desire to travel by water and has ongoing operations in other areas of the San Francisco Bay Area; and M WHEREAS, Prop desires to schedule an additional stop at the Wes McClure Public Boat Launch in order to pick up and drop off passengers up to eight times (four pick-ups and four drop- offs) Monday through Friday in connection with Prop's private charter service; and WHEREAS, the location of the Wes McClure Public Boat Launch is depicted on Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, Prop desires non-exclusive access to use parking spaces within the adjacent parking area located directly to the north of the boat launch (the "Parking Area"), as depicted on Exhibit B; and WHEREAS, Prop desires to permit its riders to use the Parking Area on a non-exclusive basis between the hours of 5:00 a.m. and 7:00 p.m. on Monday through Friday; and WHEREAS, City is supportive of Prop's provision of a charter boatservice at the Shoreline Property and desires to permit Prop vessels to use the Wes McClure Public Boat Launch for the purpose of picking up and dropping off passengers up to eight times per day (four pick-ups and four drop-offs) on Monday through Friday in connection with Prop's private charter service and to permit the non-exclusive use of the Parking Area for the parking of passenger vehicles, in accordance with the terms and conditions of this License. City of San Leandro — Prop SF Non -Exclusive License Agreement Page 1 of 16