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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 <br />p..rwe giaxe vsnx runxccmrusirournR�scommissoxesu csrnrtaennces 'z Rev May 2016 <br />\MATFI'SOIU]mA1tRSb3nalys1 ro1dNii.iMRedvnod OtN11433N'43A-Roocabk Lmrnx-MN dCny Lmden Park St. ISIAraasloie6IJ.16+ ItSR Inuns6.20.101 duCX <br />