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City of San Leandro – Prop SF Non-Exclusive License Agreement Page 4 of 14
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<br />(2) physical condition, environmental condition, title, and all other aspects of the Shoreline
<br />Property to be used by Prop and each component thereof, including but not limited to,
<br />investigation of the presence of any hazardous wastes, substances or materials as those
<br />terms may be defined by any law, ordinance and/or regulation of any regulatory agency
<br />with jurisdiction, at and surrounding such properties; determination of suitability of
<br />such properties for the uses contemplated herein; investigation of conditions, at, of and
<br />surrounding such properties, including, but not limited to, geotechnical, soils, drainage,
<br />flooding, subsidence, erosion, stormwater, earthquake, fault rupture, ground shaking,
<br />liquefaction, seiche, tsunami, unstable soils, expansive soils, effect of tides, (including,
<br />but not limited to King Tide conditions), parking, access, lighting, and utility
<br />availability; investigation and determination of the costs and other financial
<br />considerations associated with this License and the uses and improvements
<br />contemplated herein and/or the fitness of such properties or any improvements located
<br />thereon, for Prop's intended use, and/or the compliance of such properties and/or any
<br />improvements located thereon with any applicable laws, rules and regulations,
<br />including, without limitation, the Americans With Disabilities Act of 1990.
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<br />Prop warrants and represents that it is an experienced owner, operator, manager and developer
<br />of ferry services, and is familiar and experienced with the requirements for the development,
<br />management, financing, operation and ownership of same.
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<br />4. Scheduled Docking Times
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<br /> At least ten business (10) days prior to the start of Prop’s chartered service at the Shoreline
<br />Property, and at least ten (10) business days prior to any change of service, Prop will provide
<br />to City a written notice of the schedule of the pick-up and drop-off times (“Scheduled Docking
<br />Times”) associated with Prop’s charter service at the Shoreline Property. Prop expressly
<br />acknowledges that the Wes McClure Public Boat Launch is a public dock accessible to the
<br />public at large and the access of Prop as set forth in this License is non-exclusive. Therefore,
<br />the City does not guarantee unimpeded access to the Wes McClure Public Boat Launch at the
<br />Scheduled Docking Times.
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<br />5. Public Improvements
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<br />Prop shall, at its sole cost and expense, install any public improvements necessary to permit
<br />Prop’s private chartered ferry service to use the Wes McClure Public Boat Launch, including,
<br />but not limited to, repairs to or replacement of the existing loading dock for the safety of Prop’s
<br />passengers. All public improvements installed by Prop shall be dedicated to the City for use by
<br />the public. Prop shall enter into a separate agreement with the City for access to City property
<br />to make any improvements and shall obtain all necessary permits and entitlements to construct
<br />any such works of public improvement. This License does not entitle Prop to perform any
<br />public improvements or entitle Prop to any right to construct any public improvements.
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<br />6. Indemnity
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<br /> A. The City shall not, in any event whatsoever, be liable for any injury or damage to any
<br />property or to any person in or about the Shoreline Property and its improvements or
<br />appurtenances, nor for any injury or damage to any property belonging to Prop or Prop’s
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