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ORIGINAL REVOCABLE PERMIT AGREEMENT (Herkner Swim Pool) This Permit Agreement ("Permit"), dated ~ 1 ~ ,2005, and effective as of January 1, 2005, is made by and between the City of Redwood City ("City"), and Menlo Masters/Team Sheeper ("Permittee") (collectively, the "Parties"). RECITALS A. City is the owner of certain facilities located at 1315 Madison Avenue, Redwood City, California, also known as the Herkner Swim Pool (the "Facilities"). B. Permittee desires exclusive use of the Facilities from January 1, 2005 to December 31, 2005, and as more fully described in Exhibit "A," attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Scope of Permit. City hereby grants a non-exclusive Permit to Permittee for the exclusive use of the Facilities as outlined in Exhibit "A." Use of the Facilities shall commence on January 1,2005 and end on December 31,2005. 2. Temporary Permit. This Permit is temporary in nature, and does not constitute a deed, grant, of easement or lease, or other conveyance of any right, title, or interest in or to the Property. The City or Permittee, respectively, as terminating party may terminate this Permit at any time during which it is in effect by giving notice thereof to the non-terminating party not less than thirty (30) days prior to the effective date of termination. 3. Condition of Facilities and Maintenance. Notwithstanding Exhibit A of this Agreement, Permittee agrees to maintain the Facilities and the equipment located thereon in a neat and attractive condition. 4. City Access. City reserves the right to unlimited access to the Facilities or any part thereof for municipal purposes including, but not limited to, the performance of maintenance and repairs of any and all structures or public improvements, if any, heretofore or hereafter installed and/or constructed in or upon the Facilities, the inspection of the Facilities, the use, maintenance, repair of adjoining areas or for any other purpose in furtherance of City's use of the Facilities. Notwithstanding the foregoing, City shall extend reasonable efforts not to interfere with Permittee's use of the Facilities in exercising its rights under this paragraph. 5. Improvements. Permittee shall not make, nor cause to be made, nor allow to be made, alterations or improvements to the Facilities not hereinabove specified (including installation of any fixture affixed to the Facilities), without the prior . written consent of City. All improvements or alterations constructed or installed shall be Atty/Permits/Permit012 021405 1 ""'--"-'--'-'---'-'-""'--""-" --"T'-"'-'"