Red & White Fleet Excursions, Inc. Non-Exclusive License 20230401

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City of San Leandro – Red & White Fleet - Non-Exclusive License Agreement Page 4 of 13 2. Term of License This License shall commence on the Effective Date and will expire on the first anniversary of the Effective Date (the “Expiration Date”). This License may be extended in writing for additional one-year terms upon mutual agreement of the Parties. Licensee shall notify City in writing of Licensee’s desire to seek an extension ninety days prior to the Expiration Date, or any subsequent expiration date. Licensee acknowledges that pursuant to the terms of the Multifamily Ground Lease and the Multifamily License Agreement, Monarch Bay Multifamily LLC has the right to terminate the City’s license to use the Wes McClure Public Boat Launch and the Parking Area when such locations are necessary for the development of the property. Upon the termination or expiration of the Multifamily License Agreement, City shall give notice thereof to Licensee, and this License shall terminate as of the date of termination or expiration of the term of the Multifamily License Agreement. Either Party may terminate this License without fault or penalty upon providing a thirty (30) day written notice to the other the other Party. City may also terminate this License Agreement by notice to Licensee following Licensee’s breach of any of its obligations under this License. Termination for breach shall be effective upon Licensee’s receipt of notice from City. Licensee’s indemnity obligations set forth in this License survive termination of this License for any reason. 3. Conditions of Access Licensee acknowledges and represents: i. that Licensee is entering into this License solely in reliance on Licensee’s own investigation, and that no other representations or warranties of any kind whatsoever, express or implied, have been made by City or its respective elected and appointed officers, officials, employees, agents, consultants, and contractors; ii. that Licensee has reviewed, fully understands, accepts and shall perform its obligations hereunder in compliance with all applicable provisions of the California Harbors and Navigation Code and all federal, state and local laws, rules and regulations pertinent to the Multifamily Property; iii. that Licensee has had ample opportunity and access to all relevant parts of the Multifamily Property to inspect and ascertain, to its entire satisfaction, whether the Multifamily Property is suitable to its needs and can be improved, used, maintained and operated in accordance with this License; iv. that Licensee has had ample access to and has read, understands and finds acceptable all reports, investigations, studies, evaluations and all other documents regarding the Multifamily Property including, but not limited to, the City’s files pertaining thereto, environmental studies, bathymetrical reports, and other reports and documents Licensee deemed necessary to its decision to enter this License: and v. that Licensee is entirely satisfied as to the Multifamily Property's: DocuSign Envelope ID: 9BA01DA0-8FDA-4949-9D5D-D7EBC560E511