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2. Term of License. The privilege conferred to Licensee pursuant to this License shall commence
<br />on the date on which this License is executed and delivered by City following SFPUC authorization and
<br />approval and the receipt of all fees and security required to be provided hereunder (the "Commencement
<br />Date"), and shall immediately expire upon the earlier of: (i) five (5) years after the Commencement Date,
<br />or (ii) written notice from City revoking this License. At its sole option, City may freely revoke this
<br />License at any time without cause or liability, and without any obligation to pay any consideration to
<br />Licensee or return to Licensee any part of the license fee or, if applicable, the use fee. Upon any such
<br />revocation, Licensee will immediately surrender the License Area in the condition required by this
<br />License.
<br />3. Securitv for Performance. Intentionally Omitted.
<br />4. Use of License Area.
<br />(a) Permitted Acts. Licensee may enter and use the License Area for the sole purpose of
<br />constructing, installing and maintaining a public park, limited to a concrete paved walking loop, seating, a
<br />drinking fountain, a bicycle rack, fencing, a play area, an art mural, landscaping and related irrigation and
<br />drainage facilities, in strict accordance with this License, including but not limited to Section 5(a)
<br />(Approval of Plans and Specifications) below, and for no other purpose whatsoever. Licensee's
<br />employees and agents may operate motorized vehicles within the License Area only as needed for park
<br />patrol, park maintenance, construction, repair, and emergency access purposes. Under no circumstances
<br />shall the public be permitted to operate motorized vehicles within the License Area, except as permitted
<br />under the Americans with Disability Act ("ADA"). The right of the public to use the park within the
<br />License Area is subject to compliance with rules established from time to time by Licensee and approved
<br />in writing by SFPUC, which approval shall not be unreasonably withheld. Such rules will, at a minimum,
<br />prohibit, within the License Area, littering, dumping, Hazardous Material (as defined in Section 6(d)),
<br />and vandalism, prohibit motorized vehicles except as required by the ADA, and prohibit animals other
<br />than service dogs for those who qualify under the ADA (which dogs shall be controlled by tether, leash,
<br />harness or other physical restraint). The rules shall limit the public's use of the License Area to the period
<br />from sunrise to sunset; provided, however, the License Area may be open to the public from 5 AM until
<br />10 PM if Licensee is available during the pre-sunrise and post-sunset hours to respond to issues related to
<br />public park use during such hours. Except as specifically permitted by this License, no other recreational
<br />structures, paths, equipment, trees or shrubs shall be permitted in the License Area.
<br />(b) Subiect to Citv Uses. Licensee is aware that the License Area constitutes a portion of
<br />City's regional water pipeline delivery system. Notwithstanding anything to the contrary in this License,
<br />any and all of Licensee's activities pursuant to this License shall be subject and subordinate at all times to
<br />City's existing and future use of the License Area for municipal and other purposes. City shall in no way
<br />be liable for any damage or destruction to Licensee's property and/or improvements resulting from the
<br />condition of the License Area or SFPUC facilities, from any pipeline break or from any pipeline repair or
<br />maintenance activities. At City's request, Licensee shall immediately remove any of Licensee's property
<br />or improvements from the License Area to allow City access to SFPUC facilities. If City deems it
<br />necessary, at City's sole discretion, City may remove any such property or improvements and City shall
<br />not be responsible for restoring or returning the same to its prior condition.
<br />5. Installation of Facilities. Licensee may perform the permitted acts described in Section 4(a)
<br />(Permitted Acts) above on the License Area and may install certain facilities consisting of a concrete
<br />paved walking loop, bench seating, picnic tables, trash and recycling containers, a drinking fountain, a
<br />bicycle rack, fencing, a play area, an art mural, landscaping and related irrigation and drainage facilities
<br />(the "Facilities") on the License Area only upon satisfaction of the following conditions, which are for
<br />City's sole benefit:
<br />(a) Arloroval of Plans and Specifications. Licensee shall install the permitted Facilities in
<br />accordance with plans and specifications (including drawings) approved in advance and in writing by
<br />SFPUC and attached as Exhibit D (the "Approved Plans"). The Approved Plans may be revised or
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