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structures or improvements on the License Area, unless Licensee first obtains the SFPUC's prior
<br />written consent, which the SFPUC may give or withhold at its sole and absolute discretion. For
<br />purposes of this License, the term "improvements" includes asphalt, concrete, and cementitious
<br />driveways, sidewalks, and parking areas, shacks, storage facilities, and fences.
<br />(b) Trees and Other Plantings. Licensee will not plant any trees or other vegetation
<br />in or on the License Area, except as otherwise expressly provided in this License and except in
<br />accordance with detailed plans consistent with the SFPUC's Vegetation Management Policy,
<br />which may be amended from time to time and as approved by the SFPUC in writing in advance.
<br />(c) Dumping. Licensee will not cause or permit the dumping or other disposal in, on,
<br />under, or about the License Area of landfill, refuse, Hazardous Material (defined in Section 6(d)
<br />[Hazardous Material] below), or any other materials, including materials that are unsightly or could
<br />pose a hazard to the human health or safety, native vegetation or wildlife, or the environment.
<br />(d) Hazardous Material. Licensee will not cause, nor will Licensee allow any of its
<br />Agents or Invitees (defined in Section 19 [Indemnity] below) to cause, any Hazardous Material to
<br />be brought upon, kept, used, stored, generated, released, or disposed of in, on, under, or about the
<br />License Area, or transported to, from, or over the License Area. Licensee will immediately notify
<br />City when Licensee learns of or has reason to believe that a release of Hazardous Material has
<br />occurred in, on, under, or about any part of the License Area. Licensee will further comply with
<br />all applicable Laws requiring notice of releases or threatened releases to governmental agencies
<br />and will take all action necessary or desirable to mitigate the release or minimize the spread of
<br />contamination. If Licensee or its Agents or Invitees cause a release of Hazardous Material,
<br />Licensee will promptly return the License Area to the condition immediately prior to the release,
<br />without cost to City, in accordance with all Laws, and using the highest and best technology
<br />available. In connection with any remedial action, Licensee will afford City a full opportunity to
<br />participate in any discussion or negotiations with governmental agencies and environmental
<br />consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree,
<br />or other compromise proceeding involving Hazardous Material, and any other abatement or
<br />cleanup plan, strategy, and procedure. For purposes of this License, "Hazardous Material"
<br />means material that, because of its quantity, concentration, or physical or chemical characteristics,
<br />is at any time now or hereafter deemed by any federal, state, or local governmental authority to
<br />pose a present or potential hazard to public health, welfare, or the environment. Hazardous
<br />Material includes the following: any material or substance defined as a "hazardous substance,
<br />pollutant or contaminant" pursuant to the Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., or pursuant to
<br />Section 78075 of the California Health & Safety Code or any other federal, state, or local Law; a
<br />"hazardous waste" listed pursuant to Section 25140 of the California Health & Safety Code; any
<br />asbestos and asbestos containing materials whether or not those materials are part of the License
<br />Area or are naturally occurring substances in the License Area; and any petroleum, including crude
<br />oil or any crude -oil fraction, natural gas, or natural gas liquids, provided, the foregoing will not
<br />prohibit Licensee from traversing to, from, and across the License Area in standard motor vehicles
<br />that do not exceed the weight limitations set forth below. The term "release" or "threatened
<br />release" when used with respect to Hazardous Material will include any actual or imminent
<br />spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching,
<br />dumping, or disposing in, on, under, or about the License Area.
<br />Rev. March 2025
<br />ATTYfAGR.2025.182/San Francisco Public Utilities Commission (Revocable License) (REV: 07-22-25 VR) (Page 8 of 34)
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