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 2 of 13 WHEREAS, Licensee 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, Licensee 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 Licensee’s provision of a charter boat service at the Multifamily Property and desires to permit Licensee’s 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 Licensee’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. NOW THEREFORE, the parties hereto agree as follows: 1. Grant of Permit A. City hereby grants permission to Licensee 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 Licensee’s private charter service for operation of Licensee’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, Licensee shall pay to City a fee (the “Permit Fee”) in the amount of One Thousand Dollars ($1,000) per month for Licensee’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 Licensee 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. If the term is extended for additional periods, as outlined in Section 2, the monthly Permit Fee shall be adjusted by a percentage amount equal to the percentage change in the CPI (as defined below) for the previous calendar year period. “CPI” means the Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items, San Francisco-Oakland (1982-84 equals 100), of the Bureau of Labor Statistics of the United States Department of Labor, or the official successor of said Index. Licensee 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. Licensee and City agree that if City does not receive any such payment within ten (10) calendar days after such payment is due, Licensee 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 Licensee, but the payment of such late charge shall not excuse or cure any default by Licensee 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 DocuSign Envelope ID: 9BA01DA0-8FDA-4949-9D5D-D7EBC560E511