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UNDER EACH OF THEM HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY <br />REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE <br />PRESENT OR FUTURE SUITABILITY OF THE LICENSEAREA FOR LICENSEE'S <br />INTENDED WORK OR FACILITIES, THE IMPACT OF ANY TERM OR CONDITION OF <br />THE RECORDED DOCUMENTS ON LICENSEE'S RIGHTS UNDER THIS LICENSE, OR <br />THE ABILITY TO OBTAIN OR DELIVER, OR THE PROCEDURE FOR OBTAINING OR <br />DELIVERING, ANYNECESSARY APPROVALS, LICENSES, PERMITS, CONSENTS OR <br />NOTICES FROM OR TO THE GRANTOR UNDER THE RECORDED DOCUMENTS OR <br />ANY OTHER PARTY WITH RESPECT TO ANY MATTERS CONTAINED IN THIS <br />LICENSE. <br />2. Term of License. The privilege conferred to Licensee pursuant to this License shall <br />commence on the date on which this License is executed and delivered by City following <br />SFPUC authorization and approval and the receipt of all fees and security required to be <br />provided hereunder (the "Commencement Date"), and shall immediately expire the earlier of. <br />(i) five (5) years after the Commencement Date, or (ii) upon written notice from City revoking <br />this License. City may at its sole option freely revoke this License at any time without cause or <br />liability, and without any obligation to pay any consideration to Licensee or return to Licensee <br />any part of the license fee or, if applicable, the use fee. Upon any such revocation, Licensee will <br />immediately surrender the License Area in the condition required hereunder. <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 <br />purpose of removing the existing 12 -inch cast iron pipe and installing and maintaining an <br />underground 12 -inch ductile iron pipe for the purpose of re-routing and reconfiguring the <br />existing Carson Tank outlet pipe a maximum distance of 50 feet in the down-slope direction and <br />four (4) feet closer to the Right of Way ("ROW") to be positioned parallel to the SFPUC's Bay <br />Division Pipeline Nos. 3 and 4. Licensee will maintain existing drainage within the ROW and <br />will mitigate any drainage issues at its sole cost. These permitted acts will be performed in strict <br />accordance with Section 5(a) (Approval of Plans and Specifications) hereof, and for no other <br />purpose whatsoever. <br />Subject to SFPUC Land Engineering Division's review and approval of Licensee's plans and <br />specifications, the SFPUC, through this License, will allow for a one-time variance to the <br />SFPUC Right of Way Policy which prohibits utility installations parallel to an SFPUC pipeline. <br />This License shall allow two (2) fifty -foot (50') longitudinal encroachments on the ROW to <br />correct an inverted syphon in order to maximize reservoir storage. <br />(b) Subiect to Citv Uses. Licensee is aware that the License Area constitutes a <br />portion of City's regional water pipeline delivery system. Notwithstanding anything to the <br />contrary in this License, any and all of Licensee's activities hereunder shall be subject and <br />subordinate at all times to City's existing and future use of the License Area for municipal and <br />other purposes. City shall in no way be liable for any damage or destruction to Licensee's <br />property and/or improvements resulting from the condition of the License Area or SFPUC <br />facilities, from any pipeline break or from any pipeline repair or maintenance activities. <br />Licensee shall, at City's request, immediately remove any of Licensee's property or <br />improvements from the License Area to allow City access to SFPUC facilities. In the event City <br />R" Mav 2015 <br />Page 2 of 45 <br />ATTY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT <br />REV: 01-06-17 VR <br />