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

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NOW THEREFORE, the parties hereto agree as follows: 1. Grant of Permit A. City hereby grants permission to Prop to access 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 in order to allow Prop access to City property to make necessary improvements for operation of Prop's private charter service pursuant to the terms of this License. B. On or before the first day of each month during the term of this License, Prop shall pay to City a fee (the "Permit Fee") in the amount of One Thousand Dollars ($1,000) per month for Prop's access and use of the Parking Area and Wes McClure Boat Launch. For any partial month at the beginning or end of the term of this License, the Permit Fee shall be prorated based on the actual number of days in such month to be prorated. This License is not intended to, nor shall it be interpreted to, create or vest in Prop any leasehold or any other property rights or interests in the Wes McClure Boat Launch or Parking Area or the improvements located thereon, or any part thereof. Prop acknowledges that the late payment of the Permit Fee will cause City to incur administrative costs and other damages, the exact amount of which would be impracticable or extremely difficult to ascertain. Prop and City agree that if City does not receive any such payment within ten (10) calendar days after such payment is due, Prop shall pay to City an amount equal to ten percent (10%) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that City will incur by reason of the late payment by Prop, but the payment of such late charge shall not excuse or cure any default by Prop under this License. The Parties further agree that the payment of late charges pursuant to this Section and the payment of interest pursuant to Section are distinct and separate from one another in that the payment of interest is to compensate City for the use of City's money by Prop, while the payment of a late charge is to compensate City for the additional administrative expense incurred by City in handling and processing delinquent payments, but excluding attorneys' fees and costs incurred with respect to such delinquent payments. Acceptance of any late fees and late charges shall not prevent City from exercising any of the other rights and remedies available to City under this License for any other default by Prop. Any amount due from Prop to City which is not paid when due shall bear interest at the lesser of ten percent (10%) per annum or the maximum rate which City is permitted by law to charge, from the date such payment is due until paid, but the payment of such interest shall not excuse or cure any default by Prop under this License. C. City agrees to provide non-exclusive access for use of parking spaces within the Parking Area, Monday through Friday between the hours of 5:00 a.m. and 7:00 p.m. in order to permit passengers of Prop to park their vehicles in the Parking Area. The Parties acknowledge that no specific number of parking spaces is guaranteed by this License. Prop's passengers shall only park in the Parking Area. Prop's passengers are prohibited from parking in any parking locations within the Shoreline Property that are not located within the Parking Area. City of San Leandro — Prop SF Non -Exclusive License Agreement Page 2 of 16