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City of San Leandro – Prop SF Non-Exclusive License Agreement Page 2 of 14 <br /> <br />NOW THEREFORE, the parties hereto agree as follows: <br /> <br />1. Grant of Permit <br /> <br /> A. City hereby grants permission to Prop to access the Wes McClure Public Boat Launch <br />in order to pick up and drop off passengers up to eight times (four pick-ups and four drop-offs) <br />Monday through Friday in connection with with Prop’s private charter service and in order to <br />allow Prop access to City property to make necessary improvements for operation of Prop’s <br />private charter service pursuant to the terms of this License. <br /> <br /> B. In exchange for the Public Improvements to be constructed in accordance with Section <br />5 below, the City will waive the fees to use the Wes McClure Boat Launch from and including <br />the Effective Date through the Expiration Date (defined below). The City reserves the right to <br />charge fees following any extension of this License in accordance with Section 2. <br /> <br /> C. City agrees to provide non-exclusive access for use of parking spaces within the <br />Parking Area, Monday through Friday between the hours of 5:00 a.m. and 7:00 p.m. in order <br />to permit passengers of Prop to park their vehicles in the Parking Area. The Parties <br />acknowledge that no specific number of parking spaces is guaranteed by this License. <br /> <br /> D. Prop shall not use or occupy, nor permit or cause, the Shoreline Property or any part <br />thereof to be used or occupied for any unlawful, noisy, hazardous or illegal business, use or <br />purpose, or for any business, use or purpose in violation of any present or future laws, <br />ordinances or regulations of the City or any other federal, state or local governmental entity. <br />Prop shall obtain and maintain in good standing all permits and entitlements from, and make <br />all submittals required by, agencies with jurisdiction over Prop’s contemplated activities under <br />this License. Prop shall, at all times, conduct its activities hereunder in compliance with any <br />and all said permits and entitlements and shall immediately notify the City, in writing, of any <br />violation or notice of violation any permits or entitlements. In the event Prop violates or <br />receives notice of violating any of the permits and entitlements, it shall take immediate action <br />to cure or remedy the violation in accordance with applicable laws and/or the directives of the <br />agency whose permit or entitlement has been violated. <br /> <br /> E. Prop shall at all times keep the Shoreline Property free and clear of all liens and <br />encumbrances affecting title to the Shoreline Property in connection with any work performed <br />by the Prop under this License. Upon notice of any such lien or claim, Prop may bond and <br />contest in good faith the validity and the amount of such lien, but Prop shall immediately pay <br />any judgment rendered, shall pay all proper costs and charges, and shall have the lien or claim <br />released at its sole expense. <br /> <br /> F. Prop shall comply with all applicable state, federal and local laws, regulations, rules <br />and orders, with respect to this License, including, without limitation, all Environmental Laws <br />(defined in Exhibit C, attached hereto). Prop shall not cause or permit any Hazardous Material <br />(defined in Exhibit C) to be generated, brought onto, used, stored, or disposed of in or about <br />the Shoreline Property. Prop shall provide evidence of such compliance to City upon request. <br /> <br />2. Term of License <br /> <br /> This License shall commence on the Effective Date and will expire on the first anniversary of