Red & White Fleet Excursions, Inc. Non-Exclusive License 20230401

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City of San Leandro – Red & White Fleet - Non-Exclusive License Agreement Page 1 of 13 NON-EXCLUSIVE LICENSE – RED AND WHITE FLEET- WES MCCLURE PUBLIC BOAT LAUNCH This non-exclusive license (this “License”) is entered into as of April 1, 2023 (the “Effective Date”) by and between the City of San Leandro, a California charter city (“City”), and Red & White Fleet Excursions, Inc. (“Licensee”), a California Corporation, to provide Licensee 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 Licensee and the entity arranging for such charter service. City and Licensee 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 (“Multifamily Property”); and WHEREAS, the Multifamily Property includes certain improvements which are used by lessees and the public at large for recreation-related activities, including, but not limited to a boat launch ramp, dock improvements, and numerous parking spaces; and WHEREAS, the dock improvements located at the Multifamily 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, the Wes McClure Public Boat Launch is located on a parcel of real property that City has leased to Monarch Bay Multifamily LLC, a Delaware limited liability company, pursuant to a Multifamily Ground Lease Agreement dated as of December 22, 2022 (the “Multifamily Ground Lease”); and WHEREAS, City has entered into a License Agreement with Monarch Bay Multifamily, LLC which provides City a license to use the parcel subject to the Multifamily Ground Lease Agreement for public purposes until such time as the parcel is needed for construction of a multifamily apartment complex thereon (the “Multifamily License Agreement”); and WHEREAS, Licensee 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 WHEREAS, Licensee 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 Licensee’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 DocuSign Envelope ID: 9BA01DA0-8FDA-4949-9D5D-D7EBC560E511