Agmt22 County of San Mateo 1402 Maple St. Amended and Restated License Agmt.

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Page 2 of 15 ATTY/AGR/2022.014.08/TRI-PARTY AGREEMENT REV: 01-25-2022 VR restrictions set forth herein. This Agreement gives COUNTY a License only and notwithstanding anything to the contrary herein, this License does not constitute a grant by CITY of any ownership, leasehold, easement or other propertyinterest or estate whatsoever in the License Area or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. The privilege given to COUNTY under this Agreement is effective only insofar as the rights of CITY in the License Area are concerned, and COUNTY shall obtain any further permission necessary because of any other existing rights, including easements, affecting the License Area. Without limiting the foregoing, this License is subject and subordinate to all existing documents and instruments of record affecting the City property. COUNTY must secure all additional necessary approvals, permits and consents, and deliver all necessary notices, before commencing work or activities in the License Area, including any approvals, permits, consents or notices required from or to CITY or any other agency. COUNTY covenants and agrees, for the benefit of CITY, that COUNTY shall fully comply with the terms and conditions of any rules and regulations promulgated by CITY as they apply to any work or activities to be performed or temporary facilities to be installed by COUNTY on the License Area pursuant to this Agreement, and CITY shall have no responsibility or liability of any kind with respect thereto. 3.Approval of Plans and Specifications. COUNTY shall maintain the existing Permitted Facilities (defined in Section 5.B below) in the License Area in accordance with the provisions of Section 5.B., and Exhibit “B” hereof. Placement of the Permitted Facilities may be revised or amended only with prior written approval of the City Manager or their designee. 4.License Fee. COUNTY shall pay CITY, a license fee in the amount of zero dollars ($0)per month ("License Fee"). Each monthly installment of the License Fee shall be payable in advance, on or before the first date of each month, prorated for any partial month, commencing with the first day of the month after the A&R Effective Date. License fees shall be payable to CITY at the address set forth in Section 28 below or at such other address as CITY may from time to time designate in writing. 5.Use of License Area. A.Authorized Activities on the License Area. COUNTY may enter upon and use the License Area solelyfor (i) COUNTY's existing job site trailers for the Project Development Unit, (ii) providing storage of vehicles and equipment, and (iii) temporary construction-related laydown storage and staging in connection with COUNTY’s development of a shelter and support facility for persons experiencing homelessness (“Navigation Center”) on an approximately 2.52 acres of undeveloped property (“City Parcel”), being a portion of a larger approximately 4.56-acre CITY- owned property, APN 052-398-010 (“City Property”), which CITY has transferred or is expected to transfer to COUNTY pursuant to an agreement (“Exchange Agreement”) dated September 30, 2021 (as amended from time to time) between CITY and COUNTY (collectively, the "Activities"). COUNTY shall not conduct any construction activities on the License Area and shall not discharge any waste into the bay. B.Installation of Temporary Facilities. In connection with the Activities, COUNTY has installed temporary and non-permanently attached trailers ("Permitted Facilities"). Except with CITY's prior written consent, which shall not be unreasonably withheld, COUNTY shall not make any alterations, additions, improvements or other changes (collectively referred to as "Alterations") on or about the License Area, not specifically described herein. Upon termination of this License, at CITY's request, COUNTY, at its expense, shall remove the Permitted Facilities and all Alterations. No compensation shall be owed to COUNTY for any permitted Alterations made by COUNTY to the License Area. C.Subject to CITY Uses. CITY reserves the right to use the License Area in common with COUNTY, as long as such use does not materially interfere with COUNTY's Activities within the License Area.