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3. Conditions of Access
<br />Prop acknowledges and represents:
<br />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 />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 />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 />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 />V. that Prop is entirely satisfied as to the Shoreline Property's:
<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
<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.
<br />Prop warrants and represents that it is an experienced owner, operator, manager and developer
<br />City of San Leandro — Prop SF Non -Exclusive License Agreement Page 4 of 16
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