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Agmt 2019 Prop SF-Wes McClure Public Boat Launch #3551
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Agmt 2019 Prop SF-Wes McClure Public Boat Launch #3551
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7/11/2019 5:14:27 PM
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7/11/2019 5:13:34 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/4/2019
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PERM
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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 />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 />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 />2. Term of License <br />This License shall commence on the Effective Date and will expire on the first anniversary of <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 />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 />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 />City of San Leandro — Prop SF Non -Exclusive License Agreement Page 3 of 16 <br />
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