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City of San Leandro – Prop SF Non-Exclusive License Agreement Page 3 of 14 <br /> <br />the Effective Date (the “Expiration Date”). This License may be extended in writing for <br />additional one-year terms upon mutual agreement of the Parties. Prop shall notify City in <br />writing of Prop’s desire to seek an extension ninety days prior to the Expiration Date, or any <br />subsequent expiration date. <br /> <br />Prop acknowledges that City has entered into an exclusive negotiating rights agreement with <br />Cal Coast Development, LLC for development of the Shoreline Property (the “ENRA”). <br />Pursuant to the terms of the ENRA, the Shoreline Property may enter into a long-term lease <br />and result in the loss of use or relocation of the Wes McClure Public Boat Launch. Changes <br />to the use of the Shoreline Property may require modifications to, or termination of, this <br />License. <br /> <br />Either Party may terminate this License without fault or penalty upon providing a thirty (30) <br />days written notice to the other the other Party. City may also terminate this License Agreement <br />by notice to Prop following Prop’s breach of any of its obligations under this License. <br />Termination for breach shall be effective upon Prop’s receipt of notice from City. Prop’s <br />indemnity obligations set forth in this License survive termination of this License for any <br />reason. <br /> <br />3. Conditions of Access <br /> <br />Prop acknowledges and represents: <br /> <br />i. that Prop is entering into this License solely in reliance on Prop’s own investigation, and <br />that no other representations or warranties of any kind whatsoever, express or implied, have <br />been made by City or its respective elected and appointed officers, officials, employees, <br />agents, consultants, and contractors; <br /> <br />ii. that Prop has reviewed, fully understands, accepts and shall perform its obligations <br />hereunder in compliance with all applicable provisions of the California Harbors and <br />Navigation Code and all federal, state and local laws, rules and regulations pertinent to the <br />Shoreline Property; <br /> <br />iii. that Prop has had ample opportunity and access to all relevant parts of the Shoreline <br />Property to inspect and ascertain, to its entire satisfaction, whether the Shoreline Property <br />is suitable to its needs and can be improved, used, maintained and operated in accordance <br />with this License; <br /> <br />iv. that Prop has had ample access to and has read, understands and finds acceptable all reports, <br />investigations, studies, evaluations and all other documents regarding the Shoreline <br />Property including, but not limited to, the City’s files pertaining thereto, environmental <br />studies, bathymetrical reports, and other reports and documents Prop deemed necessary to <br />its decision to enter this License: and <br /> <br />v. that Prop is entirely satisfied as to the Shoreline Property's: <br /> <br />(1) compliance or noncompliance with applicable laws, codes, rules and regulations, <br />including but not limited to fire safety, health safety, hazardous materials and other <br />code standards and all other applicable governmental and other requirements: and