Agmt12 Bair Island Aquatic Center, Inc.

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NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. Use. For good and valuable consideration, receipt of which is hereby acknowledged, starting on March 1, 2012 (the "Commencement Date"), the CITY confers to BIAC a revocable, personal, non-exclusive and non-possessory privilege to enter upon and use that certain real property owned by City situated in the County of San Mateo, State of California, more particularly shown on Exhibit A attached hereto (the "Property"), for the limited purpose and subject to the terms, conditions and restrictions set forth below. The Property is shown generally on Drawing No. B attached hereto as Exhibit B. This Agreement gives BIAC 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 property interest or estate whatsoever in the Property, 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 BIAC UNDER THIS USE AGREEMENT IS EFFECTIVE ONLY INSOFAR AS THE RIGHTS OF CITY IN THE PROPERTY ARE CONCERNED, AND BIAC SHALL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE PROPERTY. WITHOUT LIMITING THE FOREGOING, THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING THE PROPERTY. BIAC MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING WORK OR ACTIVITIES IN THE PROPERTY, INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. BIAC COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT BIAC 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 FACILITIES TO BE INSTALLED BY BIAC ON THE PROPERTY PURSUANT TO THIS USE AGREEMENT, AND CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. BIAC ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE PROPERTY FOR BIAC'S INTENDED WORK, ACTIVITIES OR FACILITIES. 2. Approval of Plans and Specifications. BIAC shall install the permitted facilities in accordance with plans and specifications (including drawings) approved in advance and in writing by CITY through the Use Permit process. The plans and specifications may be revised or amended only with prior written approval of CITY 3. License Fee A. As consideration for the grant of the License, BIAC shall pay CITY a license fee in the amount of $ 12.00 per year (the "License Fee"). Each annual installment of the License Fee shall be payable in advance, on or before the annual anniversary date of the effective date of this Agreement. License fees shall be payable to CITY at the address set forth in Section 19 below or at such other address as CITY may from time to time designate in writing. ATTY/AGR/2012.00SIBIAC USE AGREEMENT (APN 052398-00) REV:01/17/12 Page 2 of 31