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and maintain in force at all times during its use of the License Area any and all business and
<br />other licenses or approvals necessary to conduct the activities allowed hereunder. Licensee
<br />understands and agrees that City is entering into this License in its capacity as a property owner
<br />with a proprietary interest in the License Area and not as a regulatory agency with police powers.
<br />Licensee further understands and agrees that no approval by City for purposes of this License
<br />shall be deemed to constitute approval of any federal, state, City or other local regulatory
<br />authority with jurisdiction, and nothing herein shall limit Licensee's obligation to obtain all such
<br />regulatory approvals at Licensee's sole cost, or limit in any way City's exercise of its police
<br />powers.
<br />10. Covenant to Maintain License Area. In connection with its use hereunder, Licensee
<br />shall at all times, at its sole cost, maintain the License Area in a good, clean, safe, secure,
<br />sanitary and sightly condition, so far as the License Area may be affected by Licensee's activities
<br />hereunder.
<br />11. Monuments.
<br />(a) Licensee by signing this License acknowledges that the monuments shown on
<br />Exhibit B attached hereto, if any, are in place and in good condition. During the installation of
<br />any permitted facilities hereunder and at all times during Licensee's use of the License Area,
<br />Licensee shall protect and safeguard City's monuments. Licensee shall promptly notify City in
<br />the event Licensee becomes aware of any change in the condition of City's monuments,
<br />regardless of the cause of such change.
<br />(b) If Licensee damages a monument necessitating resurvey, repair or replacement, as
<br />determined by City in its sole discretion, Licensee shall, at Licensee's expense, survey, file a land
<br />surveyor's map in the County Office and install a replacement monument within thirty (30) days
<br />of completion of work authorized under this License, all to the satisfaction of the City. A
<br />recorded surveyor's map shall be furnished by Licensee to the SFPUC for its records.
<br />(c) During the term of this License, City may replace missing monuments or install
<br />new monuments. When missing monuments are replaced or new monuments installed by the
<br />City, the City shall give Licensee written notice thereof. Upon deposit of such notice in the U.S.
<br />mail by City, postage prepaid, Licensee shall assume the protection and replacement
<br />responsibilities set forth herein.
<br />12. Removal or Alteration of Facilities. Without limiting City's rights hereunder, Licensee
<br />shall promptly, at City's written request, alter or remove at its sole expense any and all facilities,
<br />improvements, plantings or other property installed or placed in, on, under or about the License
<br />Area by Licensee, as may be necessary to avoid any actual or potential interference with any of
<br />City's pipelines, power lines, facilities or other structures now or later constructed, or with the
<br />maintenance thereof or with any other operations or land uses by City. In the request, City shall
<br />have the right to specify reasonable time limits for completion of the work. If after such written
<br />notice Licensee fails to complete the requested work within the prescribed time limits, City shall
<br />have the right to perform the requested work and charge Licensee all costs and expenses incurred
<br />by City in performing the work. Such amount shall be due and payable upon City's demand. In
<br />the event of an emergency City may, at its sole option and without notice, alter, remove or
<br />protect at Licensee's sole expense, any and all facilities, improvements, plantings or other
<br />property installed or placed in, on, under or about the License Area by Licensee. The owner of
<br />I I Rev May 2015
<br />Page 11 of 45
<br />ATFY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT
<br />REV: 01-06-17 VR
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