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File Number: 19-027 <br />Under the proposed Non-Exclusive License Agreement, Prop will be permitted to utilize the public <br />dock up to eight times per weekday, with four pick-ups and four drop-offs. Prop plans to have <br />shuttle service generally occur once per hour between the hours of 5:00 AM - 9:00 AM and 3:00 <br />PM - 7:00 PM. Prop’s boats seat 36 people, with a potential for up to 144 riders per day. Prop is <br />required to obtain a Business License. <br />A License Fee of $1,000 per month is proposed for Prop’s use of the boat launch. The fee is <br />recommended based upon research of fees charged at Prop’s other launch locations and is <br />aligned with the average fee that other marinas charge. <br />Under the proposed Agreement, riders of the Prop boats would be permitted to park only in the <br />parking lot directly adjacent to the boat launch (as indicated in Exhibit B to Agreement). They <br />would not be permitted to park in other adjacent parking areas. Prop would also be required to <br />make necessary improvements to the parking lot to restripe the parking spaces and add any <br />necessary pavement marking and signage. The parking lot would be restriped to maintain two <br />rows of larger boat/trailer parking and the remaining parking would be converted to standard <br />vehicle parking. Upon restriping, it is expected that approximately 66 standard vehicle parking <br />spaces would be available for Prop’s riders (as well as any other users of the boat launch) in the <br />parking area. Prop’s customer, Genentech, will manage their employees’ use of the parking area <br />and provide alternate transportation, to include limited buses or vans, for riders who are not able <br />to park in the designated area to ensure that they do not park in other areas. <br />In order to better serve users, Prop and Genentech also intend to make improvements to the <br />docks at the public boat launch. Under the terms of the agreement, Prop may perform <br />improvements and upgrades to the dock with City approval and would dedicate such <br />improvements to the City for public use. Additional provisions are included to ensure that Prop <br />performs such work according to applicable regulations, and provides appropriate insurance <br />coverage for the dock work as well as its ongoing operations. <br />The agreement as currently proposed is for an initial one-year term, with additional terms <br />permitted on a one-year basis, subject to City Manager approval. Amendments to the agreement <br />are permitted with approval of both parties and there is a provision for cancellation of the <br />agreement with 30 days’ notice. Prop’s initial service at the boat launch is intended to act as a <br />pilot project, with potential for changes and additional provisions in the agreement as the <br />Shoreline area is developed. <br />The agreement includes provisions related to indemnification and insurance, which were <br />developed and reviewed by the City Attorney’s Office and the Risk Manager. Proposed <br />provisions were developed to provide the City broad protection against liability, including Section <br />6.A, which states that “the City shall not, in any event whatsoever, be liable for any injury or <br />damage to any property or to any person in or about the Shoreline property and its <br />improvements or appurtenances, nor for any injury or damage to any property belonging to <br />Prop or Prop’s passengers or to any other person which may be caused by any cause <br />whatsoever . . . .” Additionally, Prop is required to carry broad insurance, including a $5 million <br />commercial general liability policy listing the City as additional insured. <br />Page 3 City of San Leandro Printed on 1/30/2019