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City of San Leandro – Red & White Fleet - Non-Exclusive License Agreement Page 5 of 13
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<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
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<br />(2) physical condition, environmental condition, title, and all other aspects of the
<br />Multifamily Property to be used by Licensee and each component thereof, including
<br />but not limited to, investigation of the presence of any hazardous wastes, substances or
<br />materials as those terms may be defined by any law, ordinance and/or regulation of any
<br />regulatory agency with jurisdiction, at and surrounding such properties; determination
<br />of suitability of such properties for the uses contemplated herein; investigation of
<br />conditions, at, of and surrounding such properties, including, but not limited to,
<br />geotechnical, soils, drainage, flooding, subsidence, erosion, stormwater, earthquake,
<br />fault rupture, ground shaking, liquefaction, seiche, tsunami, unstable soils, expansive
<br />soils, effect of tides, (including, but not limited to King Tide conditions), parking,
<br />access, lighting, and utility availability; investigation and determination of the costs
<br />and other financial considerations associated with this License and the uses and
<br />improvements contemplated herein and/or the fitness of such properties or any
<br />improvements located thereon, for Licensee's intended use, and/or the compliance of
<br />such properties and/or any improvements located thereon with any applicable laws,
<br />rules and regulations, including, without limitation, the Americans With Disabilities Act
<br />of 1990.
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<br />Licensee warrants and represents that it is an experienced owner, operator, manager and
<br />developer of charter boat services, and is familiar and experienced with the requirements for
<br />the development, management, financing, operation and ownership of same.
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<br />4. Scheduled Docking Times
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<br /> At least ten business (10) days prior to the start of Licensee’s chartered service at the
<br />Multifamily Property, and at least ten (10) business days prior to any change of service,
<br />Licensee will provide to City a written notice of the schedule of the pick-up and drop-off times
<br />(“Scheduled Docking Times”) associated with Licensee’s charter service at the Multifamily
<br />Property. Licensee expressly acknowledges that the Wes McClure Public Boat Launch is a
<br />public dock accessible to the public at large and the access of Licensee as set forth in this
<br />License is non-exclusive. Therefore, the City does not guarantee unimpeded access to the Wes
<br />McClure Public Boat Launch at the Scheduled Docking Times.
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<br />5. Public Improvements
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<br />If desired, Licensee may, at its sole cost and expense, make improvements to the Parking Area
<br />in a manner that meets City requirements and specifications, subject to City approval, which
<br />may include but not be limited to approval by the Public Works Director and Building Permit
<br />issuance. Such improvements may include removing existing pavement markings, installing
<br />new paint to indicate parking spaces as well as the types of vehicles permitted to park in such
<br />spaces, and installing signage inside and at the entry to the parking lot as necessary. Licensee
<br />may also install any other public improvements necessary to permit their private chartered boat
<br />service to use the Wes McClure Public Boat Launch, including, but not limited to, repairs to
<br />or replacement of the existing loading dock for the safety of Licensee’s passengers. All public
<br />DocuSign Envelope ID: 9BA01DA0-8FDA-4949-9D5D-D7EBC560E511
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