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of charter boat services, and is familiar and experienced with the requirements for the
<br />development, management, financing, operation and ownership of same.
<br />4. Scheduled DockingTimes
<br />imes
<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.
<br />5. Public Improvements
<br />Prop shall, at its sole cost and expense, make improvements to the Parking Area in a manner
<br />that meets City requirements and specifications, subject to City approval, which may include
<br />but not be limited to approval by the Public Works Director and Building Permit issuance.
<br />Such improvements shall include removing existing pavement markings, installing new paint
<br />to indicate parking spaces as well as the types of vehicles permitted to park in such spaces, and
<br />installing signage inside and at the entry to the parking lot as necessary. Prop may also install
<br />any other public improvements necessary to permit Prop's private chartered boat service to use
<br />the Wes McClure Public Boat Launch, including, but not limited to, repairs to or replacement
<br />of the existing loading dock for the safety of Prop's passengers. All public improvements
<br />installed by Prop shall be dedicated to the City for use by the public. Prop shall enter into a
<br />separate agreement with the City for access to City property to make any improvements and
<br />shall obtain all necessary permits and entitlements to construct any such works of public
<br />improvement. This License does not entitle Prop to perform any public improvements or
<br />entitle Prop to any right to construct any public improvements.
<br />6. Indemnity
<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
<br />passengers or to any other person which may be caused by any cause whatsoever, including,
<br />but not limited to: the presence of any hazardous wastes, substances or materials as those terms
<br />may be defined by any law, ordinance and/or regulation of any regulatory agency with
<br />jurisdiction, at and surrounding the Shoreline Property; the effects of any geotechnical, soils,
<br />drainage, flooding, subsidence, erosion, stormwater, earthquake, fault rupture, ground shaking,
<br />liquefaction, seiche, tsunami, unstable soils, expansive soils, tides, (including, but not limited
<br />to King Tide conditions) conditions, the condition or availability of the Parking Area or
<br />parking, access, lighting, and utility availability, any fire, breakage, leakage, flooding or defect
<br />or by water, flooding or rain that may leak into, issue or flow from or to any part of the
<br />Shoreline Property, Parking Area or areas of egress or ingress to such properties; the use,
<br />misuse or abuse of any of the Shoreline Property structures or improvements located thereon,
<br />areas of egress or ingress, or which may arise from any other cause whatsoever, except to the
<br />extent caused by the gross negligence or willful misconduct of City or its respective elected
<br />City of San Leandro — Prop SF Non -Exclusive License Agreement Page 5 of 16
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