DEPARTMENT Real Estate Services Division AGENDA NO. 6a
MEETING DATE January 10, 2023
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Real Estate License: Consent Calendar
Real Estate Director: Rosanna Russell
Approve a No-Fee, Month -to-Month Revocable License to the Girl Scouts of Northern California for Use of SFPUC Land at 1100 Lake Merced Boulevard in San Francisco
Summary of
Proposed
Commission Action:
Approve the terms and conditions of and authorize the General Manager to execute a no-fee, month- to-month revocable license (2023 License) to the Girl Scouts of Northern California, a California non profit public benefit corporation ( Girl Scouts ), to use approximately 4.1 acres of land ( License Area) under the jurisdiction of the San Francisco Public Utilities Commission (SFPUC) in San Francisco, California . The License Area constitutes a portion of the SFPUC’s Parcel No. 55 located at 1100 Lake Merced Boulevard near Lake Merced. The Girl Scouts will use the License Area for Girl Scout troop outings, camps, events, trainings , and the maintenance and repair of the existing camp improvements.
Background: City, through t he SF PUC, owns an approximately 5.6 -acre area (City Property), constituting a portion of SFPUC Parcel No. 55. The SFPUC City Distribution Division operates the Sunset Supply Pipeline, as well as other appurtenant water facilities within the City Property. Since 1973, the SFPUC has issued consecutive agreements to the Girl Scouts for use of the City Property as follows:
• In 1973, the SFPUC issued Lease No. L3093 (1973 Lease) to the Girl Scouts to participate in outdoor recreational and educational activities on the City Property.
• In 1993, the SFPUC issued R evocable Permit No. P3689 (1993 Permit) to the Girl Scouts to operate a camp facility on the City Property for a one-time fee of $500 and an annual use fee of $1. The 1993 Permit superseded and replaced the 1973 Lease.
• In 2009, the SFPUC entered into a Memorandum of Understanding (MOU) with the Girl Scouts to clarify terms under which the SFPUC would use the City Property during the duration of a Water Supply Improvement Project (WSIP). During this time, the S FPUC used the Agreement: Authorize Revocable License to the Girl Scouts of Northern California Commission Meeting Date: January 10, 2023
City Property for temporary WSIP staging and operations. • In 2013, t he SFPUC issued R evocable License No. P4199 (2013 License) to the Girl Scouts for their continued use as a camp facility on the City Property. The 2013 License superseded and replaced the 1993 Permit and the MOU.
The SFPUC desires to enter into the 2023 License with the Girl Scouts so that the Girl Scouts may continue to use a portion of the City Property as a camp facility. The acreage covered by the 2023 Li cense (approximately 4.1 acres) is less than that covered by the 2013 License (approximately 5.6 acres). The reduction is necessary for t he SFPUC Natural Resources and Lands Management Division to use ap proximately 1.5 acres of the City Property for an SFPUC Green Waste Facility. The Green Waste Facility will serve as a recycling yard for woody vegetation produced in San Francisco.
The Girl Scouts have agreed to the size of the License Area and the other terms stated in the 2023 License.
Consideration for the 2023 License
The 2023 License benefits the SFPUC’s primary utility purpose by requiring the Girl Scouts to implement water education as a meaningful part of their use of the License Area. The water education will be based on the SFPUC’s Big Ideas curriculum and will focus on topics such as water conservation, groundwater, and watershed education. The Girl Scout troops and programs will integrate the water education activities with the requirements for Girl Scout water -related merit badges to encourage troops to further water education.
The Girl Scouts will also provide at least two posters or other media annually created by Girl Scout troops or program users related to water conservation or other water education topics. The posters or other media may be used in SFPUC promotional materials.
Until the Girl Scouts provide written not ice that the water education programming is implemented, the Girl Scouts will pay a use fee of $200 per month as consideration of the Girl Scouts’ use of the License Area.
For all of the above reasons, SFPUC staff recommends that this Commission approve the 2023 License.
Environmental
Review:
This action does not constitute a “project” under the California Environmental Quality Act (CEQA) G uidelines Section 15 378(a) because there would be no physical change in the environment as the Licensee would use the License Area as is. As per the L icense, if improvements were to be proposed, the Licensee would not make any improve ments to, or alterati on of, the License A rea without SFPUC’s prior written co nsent. Approval and implementation of any improvements would not occur until the proposed work is reviewed and the appropriate environmental review under CEQA, if required, has been completed.
Result of Inaction: If the New License is not approved, the SFPUC will not receive the benefit Agreement: Authorize Revocable License to the Girl Scouts of Northern California Commission Meeting Date: January 10, 2023
of (i) the water education that will be integrated into the Girl Scouts program objectives, or (ii) the water conservation promotional materials.
Budget & Costs: The Girl Scouts will pay all costs associated with their use of the License Area, including the payment of property and possessory interest taxes.
Description of
Agreement:
Parties to License
Agreement:
City a nd C ounty of San Francisco, ac ting
through the SFPU C, as the licensor, and the
Girl Scouts of Northern California, a California
nonprofit public benefit corpor ation, as the
licensee.
Use Fee Until the Girl Scouts provide written notice that they have implemented the water education
programming, the Girl S couts will pay a $200
per month use fee to City as consideration for
the Girl Scouts’ use of the License Area.
Purpose: Use of the License Area for Girl Scout troop
outings, camps, events, and trainings , and the
use, maintenance, and repair of the camp
improvements consisting of three wooden
camping shelters, two campfire r ings, one
central campfire circl e, one restroom facility,
two sheds, and one clubhouse with a full
kitchen.
Location: A portion of S FPUC’s Lake Merced Tract
Parcel No. 55, located at 1100 Lake Merced
Boulevard in San Francisco, California
Commencement Date: The date on which the Licen se is executed and delivered by City following SFPUC
authorization and approval.
Recommendation: SFPUC staff recommends that t he Commission adopt t he attached resolution.
Attachments: 1. Map of the License Area
2. 2023 License
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The City and County of San Franci sco (City) owns certain real property presently under the jurisdiction of the San Francisco P ublic Utilities Commission (SFPUC), comprised of 5.6 acres , a portion of SFPUC Lake Merced Tract Parcel No. 55, located at 1100 Lake Merced Boulevard in San Francisco, California (City Property); and WHEREAS, The Girl Scouts of Northern California, a California nonprofit public benefit corporation ( Girl Scouts) have used the City Property to operate Camp Ida Smith under agreements with the SFPUC since 1973; and
WHEREAS, The SFPUC currentl y operates and m aintains one subsurface water transmission p ipeline and other appurtenant wa ter facilities within the City Property.
Additionally, the SFPUC Natural Resources and Lands Management Division (NRLM) intends to occupy approximately 1.5 acres of the City Property for an SFPUC Green Waste Facility. The Green Waste Facility will serve a s a recycling yard for woody vegetation produced on NRLM - managed land in San Francisco; and
WHEREAS, The addition of the Green Waste Facility will reduce the Girl Scouts’ use of the City Property to a 4.1-acre portion of the City Property (License Area); and WHEREAS, The SFPUC desires to issue a new revocable month-to-month license to the Girl Scouts, memorializing the new Licen se Area, revised consideration for the Girl Scouts’ use of the License Area, and other updated license terms (2023 License); and WHEREAS, The Girl Scouts have agreed to the terms of the 2023 License; and WHEREAS, The SFPUC may issue a revocable license to a nonprofit organization for no use fee if the licensee’s use of the licensed property benefits the SFPUC ’s p rimary utility purpose; and
WHEREAS, The Girl Scouts’ use of the License Area will benefit the SFPUC’ s primary utility purpose by requiring the Girl Scouts to (i) put into place a program to educate Girl Scouts who visit Camp Ida Smith on water conse rvation, groundwater, and watershed issues by integrating water education activities with the requirements for Girl Scout water -related merit badges to encourage troops to further water educ ation; and ( ii) provide at least two posters or other media annually created by the Girl Scout troops or other Girl Scouts program users related to water conservation or water education topics for the SFPUC to use in promotional materials; and
WHEREAS, This actio n does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378(a) because there would be no physical change in the environment as the Licensee would use the License Area as is; and as per the L icense, i f im provements were to be proposed, the Licensee would not make any improvements to, or alteration of, the License Area without SFPUC’s prior written consent; and approval and implementation of any improvements would not occur until the proposed work i s reviewed and the appr opriate environmental review under CEQA , if required, has been completed; now, therefore, be it
RESOLVED, That this Commission hereby finds that the 2023 License benefits the SFPUC’s primary utility purpose and may be issued for no use fee; and, be it FURTHER RESOLVED, That this Commission hereby ratifies, approves, and authorizes all actions heretofore taken by any City official in connection with the 2023 License; and, be it FURTHER RESOLVED, That this Com mission hereby approves the terms and conditions of the 2023 License; and, be it
FURTHER RESO LVED, That this Commission hereby authorizes and directs the SFPUC General Manager to execute the 2023 License; and, be it FURTHER RESOLVED, That this C ommission hereby authorizes the SFPUC General Manager to enter into any amendments or modifications to the 2023 License, including without limitation, the exhibits, that the General Manager determine s, in consultation with the City Attorney, are in the best in terest of the City; do not materially increase the obligations or liabilities of the City; are necessary or advisable to effectuate the purposes and intent of the 2023 License or this resolution; and comply with all applicable laws, including the City Charter.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 10, 2023.
Secretary, Public Utilities Commission
Pictometry
0 70 140 210 28035
Feet
Exhibit B License Area
The City does not guarantee that this information is accurate or complete.
The City is not responsible for any damages arising
from the use of information on this site.
Users should verify the information before making project commitments. ´ SFPUC Revocable License No. P4199A
to the Girl Scouts of Northern California
City Property
Lake Merced Blvd.
Lake Merced Hill
Girl Scouts Revised License Area (Approx 4.1 acres)
SFPUC Green Waste
Facility (Approx 1.5 acres) SFPUC Parcel No. 55
1100 Lake Merced Blvd.
San Francisco, California
Brotherhood Way
Gulch
(Wetland Area)
"
Central
Firepit
SFPUC Pipeline
"
Restroom
"
Clubhouse
"
Shed
"
Shade
#1
"
Shade
#3
"
Shade
#2
"
Shed
1 Rev July 2022
SAN FRANCISCO PUBLIC UTILITIES COMMISSION
REVOCABLE LICENSE
(Replacing and Superseding License #P4199)
(License #P4199A)
THIS REVOCABLE LICENSE (this “License”) dated for reference purposes only as of ___________________, 2022, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ( “City”), acting by and through its Public Utilities Commission ( the “SFPUC”), and the GIRL SCOUTS OF NORTHERN CALIFORNIA , a California non-profit public benefit corporation (“Licensee”). City and Licensee are sometimes collectively referred to in this License as the “Parties” or singularly as a “Party.”
RECITALS
A. City, through the SFPUC, owns an approximately 5.6- acre parcel located near Lake Merced in San Francisco, California, and designated as a portion of SFPUC’s Lake Merced Tract Parcel No. 55 (“City Property”).
B. Licensee occupies and uses the City Property under SFPUC Revocable License No. P4199, dated as of October 28, 2013 (“2013 License”). The 2013 License expired in 2018, five (5) years after the commencement date.
C. Pursuant to the 2013 Lic ense, Licensee uses the City Property for Girl Scout troop outings, camps, events and trainings.
D. City and Licensee desire to enter into this License to use approximately 4.1 acres of the City Property for its continued use for Girl Scout troop outings, camps, events and trainings.
E. In September 2022, the SFPUC Natural Resources and Lands Management Division wil l begin to occupy approximately 1.5 acres of the City Property for a n SFPUC Green Waste Facility (“SFPUC Green Waste Facility”).
F. City and Licensee now desire to enter into this License to, among other things , revoke, supersede and replace the 2013 License with the terms and conditions contained in this License.
BASIC LICENSE INFORMATION
The following is a summary of basic license information (the " Basic License Information"). Each item below will be deemed to incorporate all of the terms set forth in this License pertaining to such item. In the event of any conflict between the information in this Section and any more specific provision of this License, the more specific provision will control.
City: CITY AND COUNTY OF SAN FRANCISCO, acting by and through its Public Utilities Commission
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 2 Rev July 2022
Licensee: GIRL SCOUTS OF NORTHERN CALIFORNIA, a California non-profit public benefit corporation
License Area (Section 1): Approximately 4.1 acres of SFPUC Parcel No. 55 in San Francisco, California, as more particularly described in the attached Exhibit A and shown in the attached Exhibit B, together with any appurtenances.
Term (Section 2): Month-to-month commencing on the Commencement Date.
Actual Commencement Date: _____________________
Security for Performance
(Section 3):
One Thousand Dollars ($1,000) on file from P4199
Existing Permitted
Improvements:
(Section 4(a)):
Three (3) wooden camping shelters, t wo (2) campfire rings (located adjacent to two of the camping shelter s), one (1) central campfire circle, one (1) wooden stage (located adjacent to the central campfire circle), one (1) restroom facility, two (2) sheds, and one (1) clubhouse with a full kitchen (“Permitted
Improvements”).
Permitted Use:
(Section 4(a)):
Girl Scout troop outings, camps, events, and trainings and the use, maintenance and repair of the Permitted Improvements and for no other purpose. (“Permitted Use”).
Application Fee
(Section 7(a)):
Not applicable.
Recurring Use Fee
(Section 7(b)):
Until the SFPUC has accepted Licensee’s written notice to the SFPUC that Licensee has implemented the water education program described in Section 7(b), Licensee shall pay $2,400 per year ($200 per month) with four percent (4%) annual increases after the first year of the License term. Licensee’s obligation to pay the use fee shall cease on the date that the SFPUC
acknowledges receipt of Licensee’s written notice of water education program implementation.
Licensee’s Share of
Property Taxes:
See Section 30 [Taxes, Assessments, Licenses, License Fees, and Liens].
Notices: See Section 31 [Notices].
Key Contact for City: SFPUC Real Estate Director
Telephone No. and Email: (415) 487-5210
[email protected]
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 3 Rev July 2022
Day-to-Day Contact for
City:
Damon Spigelman, SFPUC Natural Resources and Land
Management Division San Francisco Area Land Manager
Telephone No. and Email: (415) 518-8111
[email protected]
Key Contact for Licensee: Jill Register, Senior Director, Mission Delivery-Outdoor Telephone No. and Email: (510) 499-3410
[email protected]
Alternate Contact for
Licensee:
Christian Jensen, Property Manager
Telephone No. and Email: (203) 648-0304
[email protected]
City and Licensee agree as follows:
1. License; Supersession and Revocation.
(a) License. City confers to Licensee a revocable, personal, non- exclusive, and non-possessory privilege to enter upon and use that certain real property owned by City situated in the City and County of San Francisco , State of California, more particularly described in the attached Exhibit A (the “License Area”), for the limited purpose a nd subject to the terms, conditions, and restrictions set forth below. The License Area is shown generally on the attached Exhibit B. This License gives Licensee a license only and notwithstanding anything to the contrary in this License, it does not constitute a grant by City of any ownership, leasehold, easement, or other property interest or estate whatsoever in any portion of the License Area.
Nothing in this License will be construed as granting or creating any franchise rights pursuant to any federal, state, or local laws.
THE PRIVILEGE GIVEN TO LICENSEE UNDER THIS LICENSE IS EFFECTIVE
ONLY INSOFAR AS THE RIGHTS OF CITY IN THE LICENSE AREA ARE CONCERNED,
AND LICENSEE WILL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE LICENSE AREA. WITHOUT LIMITING
THE FOREGOING, THIS LICENSE IS BEING ISSUED SUBJECT AND SUBORDINATE TO
ALL OF THE TERMS AND CONDITIONS OF THAT CERTAIN DEED DATED AND RECORDED MARCH 3,1930 IN BOOK 2002, AT PAGE 1, OF OFFICIAL RECORDS OF SAN
FRANCISCO COUNTY, PURSUANT TO WHICH CITY ACQUIRED ITS INTEREST IN THE LICENSE AREA, A COPY OF WHICH IS ATTACHED TO THIS LICENSE AS EXHIBIT C-1 (THE “DEED”), THE RIGHT OF WAY LEASE BY AND BETWEEN CITY AND GBI COMPANY AND SAN FRANCISCO GOLF CLUB, DATED SEPTEMBER 26, 1972 AS
ASSIGNED TO LAKE MERCED HILL RECREATION AND MANAGEMENT
ASSOCIATION, A COPY OF WHICH IS ATTACHED TO THIS LICENSE AS EXHIBIT C-2,
AND ALL OTHER EXISTING AND FUTURE DOCUMENTS AND INSTRUMENTS OF DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 4 Rev July 2022
RECORD AFFECTING THE LICENSE AREA (COLLECTIVELY, WITH THE DEED, THE “RECORDED DOCUMENTS”). LICENSEE MUST SECURE ALL ADDITIONAL
NECESSARY APPROVALS, PERMITS, LICENSES, AND CONSENTS, AND DELIVER ALL
NECESSARY NOTICES, BEFORE COMMENCING WORK IN THE LICENSE AREA,
INCLUDING ANY APPROVALS, PERMITS, LICENSES, CONSENTS, OR NOTICES REQUIRED FROM OR TO THE GRANTOR UNDER THE RECORDED DOCUMENTS. FOR CITY’S BENEFIT, LICENSEE COVENANTS AND AGREES THAT LICENSEE WILL FULLY
COMPLY WITH THE TERMS AND CONDITIONS OF THE RECORDED DOCUMENTS AND
ANY OTHER RULES AND REGULATIONS PROMULGATED BY CITY AS THEY APPLY
TO ANY WORK TO BE PERFORMED OR FACILITIES TO BE INSTALLED BY LICENSEE
ON THE LICENSE AREA PURSUANT TO THIS LICENSE, AND CITY WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. LICENSEE
ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS
DEPARTMENTS, COMMISSIONS, OFFICERS, DIRECTORS, AND EMPLOYEES, AND ALL
PERSONS ACTING BY, THROUGH, OR UNDER EACH OF THEM HAVE MADE, AND CITY
DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE LICENSE AREA FOR LICENSEE’S INTENDED WORK OR FACILITIES, THE IMPACT OF ANY TERM OR CONDITION OF THE RECORDED DOCUMENTS ON LICENSEE’S RIGHTS UNDER THIS
LICENSE, OR THE ABILITY TO OBTAIN OR DELIVER, OR THE PROCEDURE FOR
OBTAINING OR DELIVERING, ANY NECESSARY APPROVALS, LICENSES, PERMITS,
CONSENTS OR NOTICES FROM OR TO THE GRANTOR UNDER THE RECORDED
DOCUMENTS OR ANY OTHER PARTY WITH RESPECT TO ANY MATTERS CONTAINED IN THIS LICENSE.
(b) Supersession and Revocation. Effective as of the Commencement Date (defined in Section 2 [Term of License] below), this License shall immediately supersede, replace, and revoke License No. 4199 previously issued to Licensee by City, and s aid instrument shall be deemed to have terminated as of the Commencement Date and have no further force or effect thereafter; provided, however, that any provisions expressly stated to survive under any such permit shall continue; provided, further that such termination shall not nullify or release Licensee of any obligations accruing under any such instrument with respect to periods prior to the Commencement Date.
2. Term of License. The privilege conferred to Li
censee pursuant to this License will
commence on the Actual Commencement Date, as shown in the Basic License Information. T he Actual Commencement Date is the date on which this License is executed and delivered by City following the SFPUC authorization and approval and the receipt of all fees, insurance certificates, and security required to be provided by this License (the “Commencement Date”), and, following the Commencement Date, the term of this License will immediately expire upon written notice from City revoking this License. At its sole option at any time without cause or liability, and without any obligation to pay any consideration to Licensee or return to Licensee any part of the license fee or, if applicable, the use fee, City may freely revoke this License (a) effective immediately in case of emergency (as determined by City), (b) effective immediately if terminated in accordance with Section 7(b) [Water Education] or Section 7(c) [Promotional Materials] or (c) in all other instances, on thirty (30) days’ written notice to Licensee. Upon any such revocation, Licensee will immediately surrender the License Area in the condition required by this License.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 5 Rev July 2022
3. Security for Performance. On the date this License is fully executed by the Parties, the Parties agree that the security deposit paid to the City in the amount of One Thousand Dollars ($1,000) pursuant to SFPUC License No. 3689 by and between the Parties and dated as of October 26, 1993 will be transferred to this License to secure Licensee’s faithful performance of all terms and conditions of this License, including its obligation to surrender the License Area in the condition required by this License. At its sole option, City may retain, use, or apply all or part of the security deposit to pay any sum due under this License that is not paid after the expiration of any applicable notice and cure period hereunder, and to recover any loss and pay any amount that City may expend as a result of Licensee’s failure to fulfill its obligations under this License. City’s obligations with respect to the security deposit are solely that of debtor and not trustee. City will not be required to keep the security deposit separate from its general funds, and Licensee will not be entitled to interest on the security deposit. Neither the payment nor the amount of the security deposit will limit Licensee’s obligations under this License.
4. Use of License Area.
(a) Permitted Acts. Licensee may enter and use the License Area for the sole purpose of Girl Scout troop outings, camps, events, and trainings and the use, maintenance and repair of the Permitted Improvements in strict accordance with Section 5(a) [ Approval of Plans and Specifications] below, and for no other purpose whatsoever. (b) Subject to City Uses. L icensee is aware that the License Area constitutes a portion of City’s regional water pipeline delivery system and the access route to the SFPUC Green Waste Facility. A portion of the Property serves as the SFPUC Green Waste Facility . The SFPUC and Licensee will share the same access gate and driveway from Lake Merced Boulevard and City will have no maintenance or repair obligation arising from its use . Notwithstanding anything to the contrary in this License, any and all of Licensee’s activities pursuant to this License will be subject and subordinate at all times to City’s existing and future use of the License Area for municipal and other purposes. City will in no way be liable for any damage or destruction to Licensee’s property and/or improvements resulting from the condition of the License Area or the SFPUC facilities, from any pipeline break or from any pipeline repair or maintenance activities. A t City’s request, Licensee will immediately remove any of Licensee’s property or improvements from the License Area to allow City access to the SFPUC facilities. I f City deems it necessary, at City’s sole discretion, City may remove any such property or improvements and City will not be responsible for restoring or returning the same to its prior condition.
5. Improvements to License Area, Conditions to Permitted Acts . L icensee’s use of the License Area and its implementation of any improvements or alterations to the License Area, are subject to its satisfaction of all of the following conditions (to the extent applicable), which are for City’s sole benefit:
(a) Approval of Plans and Specifications. L icensee will not make any improvements to, or alteration of, the License Area without City’s prior written consent. Licensee will only install any such improvements, or make any such alterations, in accordance with plans and specifications (including drawings) approved in advance and in writing by the SFPUC (the “Approved Plans”).
The Approved Plans may be revised or amended only with the SFPUC ’s prior written approval after the SFPUC ’s Bureau of Environmental Management has determined that no further environmental review is required by the California Environmental Quality Act ( “CEQA”) as a result of any such revision or amendment.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 6 Rev July 2022
(b) Energy Service and Related Facilities . Licensee will continue to obtain electricity through CleanPowerSF . Except as provided above w ith respect to any electricity services provided by the SFPUC , Licensee will make arrangements and pay for all utilities and services furnished to the License Area, including gas, electricity, water, sewage, telephone, and trash collection services, and for all deposits, connection, and installation charges.
Except as otherwise provided in this License, the SFPUC has no responsibility or liability of any kind with respect to any utilities that may be on or about the License Area. Licensee has the sole responsibility to locate any utility facilities within the License Area and protect them from damage resulting from Licensee’s use of the License Area. (c) Permits, Licenses, and Approvals. Before beginning any permitted improvement or alteration work in the License Area, Licensee will obtain any and all permits, licenses, and approvals (collectively, “ Approvals”) of all regulatory agencies and other third parties that are required to commence, complete, and maintain the permitted work. Promptly upon receipt of such Approvals, Licensee will deliver copies of them to the SFPUC . No approval by the SFPUC for purposes of Licensee’s work under this License will be deemed to constitute the approval of any federal, state, or local regulatory authority with jurisdiction, and nothing in this License will limit Licensee’s obligation to obtain all such regulatory Approvals, at Licensee’s sole cost. (d) Limits of City ’s o
r SFPUC ’s Consent. City’s or the SFPUC ’s consent to or approval of any improvements, equipment, or fixtures will not relieve Licensee or its engineers, architects, or contractors from any liability for negligence, errors, or omissions associated with the design and construction of any such improvements, equipment, or fixtures . In no event will the SFPUC’s approval of plans or specifications be deemed to constitute a representation or warranty by City concerning the suitability of the improvements, equipment, or fixtures for Licensee’ s purposes or that the work called for in the plans and specifications complies with applicable building codes or other applicable Laws (defined in Section 9 [Compliance with Laws] below), or industry standards, nor will such approval release Licensee from its obligation to supply plans and specifications that conform to applicable building codes, other applicable Laws, and industry standards.
(e) Exercise of Due Care. Licensee will
use, and will cause its Agents ( defined in
Section 19 [Indemnity] below) to use, due care at all times to avoid any damage or harm to City’s water pipelines, facilities, or other property and to native vegetation and natural attributes of the License Area and to minimize slope erosion. Licensee will not disturb the surface of the License Area or perform any excavation work without City’s prior written approval, which City may withhold at its sole discretion. City may condition and/or oversee any permitted excavation work.
At its own expense, Licensee will mark the location of City ’s water pipelines or other facilities within the License Area and will not use any pick, plow, or other sharp tool to remove the two feet of soil around the pipelines or other facilities , provided that Licensee may use hand shovels or pneumatic shovels in compliance with all other terms and conditions of this License. Licensee will immediately inform City of any actual or potential damage to the coating of the pipeline, and any such damage caused by the Licensee or its Agents or Invitees will be promptly repaired by Licensee, at its own expense, to City ’s satisfaction prior to backfilling; provided, at its sole discretion, City may elect to make any necessary repairs itself, at Licensee’s sole cost, by notifying Licensee of such fact. Upon completion of the repairs, City will send to Licensee a bill therefor, which Licensee will pay within thirty (30) days following receipt. Under no circumstances will DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 7 Rev July 2022
Licensee damage, harm, or take any rare, threatened , or endangered species present on or about the License Area.
(f) Cooperation with Public Utilities Commission . Licensee and its Agents will work closely with City personnel to minimize any potential disturbance (even if temporary) of the natural features of the License Area and to avoid disruption (even if temporary) of City facilities, in, under, on, or about the License Area and City uses of such facilities. (g) Heavy Equipment. L icensee will not use any heavy construction equipment over or about City’s pipelines, except as otherwise expressly allowed in Section 6(i) [Heavy Equipment and Vehicles] below.
(h) Work Sche dule. If Licensee seeks and obtains City’s consent to any proposed improvement to, or alterations of, the License Area, City may condition its consent on the performance of such improvement or alteration work during a specified time frame. At least ten (10) business days prior to the commencement of any improvement or alteration work on the License Area, Licensee will notify City’s Construction Inspector (“Construction Inspector”), at (415) 695-7321, of the date such work will commence and the intended construction schedule.
Notification must also be given to Underground Service Alert at least two (2) days prior to start of work. Notwithstanding the approval of such schedule by the SFPUC , the Construction Inspector will have the right to require Licensee to adjust such schedule from time to time. All work must be performed during regular working hours (Monday through Friday) between 8:00 a.m. and 4:30 p.m., exclusive of City holidays. Any work performed during any other time or day must be preapproved by the SFPUC at least ten (10) business days prior to commencing such work. In connection with such approval, City may charge Licensee additional inspection fees payable prior to the SFPUC’s approval of the request. Notwithstanding the work hours set forth above, Licensee will comply with any applicable local ordinance that imposes later start times and/or earlier cessation times for construction activities.
(i) Restoration of License Area.
Immediately following completion of any work
permitted under this License, Licensee will remove all debris and any excess dirt and will restore the License Area to its condition immediately prior to such work, to City’s satisfaction. Licensee will restore any damage caused to existing roads and restore excavated areas with new vegetation (including irrigation and maintenance until established) and erosion control netting, all as requested by City, and will comply with all applicable regulations of the regulatory agency with jurisdiction.
(j) Pipeline Depth/Installation of Above -Gro
und Markers. Before commencing
any excavation work in the License Area, Licensee will measure the depth of City ’s pipelines, if any, located in the License Area by potholing and forward such information to City. Any potholing authorized by this License will be subject to the requirements of Section 5(p) [Potholing] below.
Upon completion of work, Licensee will promptly notify City in writing of the depth of City’ s pipeline and related facilities in the License Area. Licensee will install above-ground markers identifying the location of any underground facilities installed pursuant to this License. The location, type , and installation of markers and identifying information o n the markers will be subject to the SFPUC’s prior written approval.
(k) As-Built
Drawings/Reports . Promptly upon completion of any permitted improvements to, or alterations of, the License Area, Licensee will furnish the SFPUC with two DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 8 Rev July 2022
(2) complete copies of final as -built drawings for any such improvements or alterations, which drawings will include sufficient detail so as to allow City to precisely locate the improvements or alterations. If Licensee or any of its Agents or consultants prepares any environmental, seismic, geophysical, or other written report relating to the License Area and/or any work performed on the License Area, Licensee will furnish to City a complete copy of such report, including any schedules, exhibits, and maps, promptly upon completion of the same. (l) Responsibility for Maintenance of Facilities. Licensee will be solely responsible for repairing and maintaining all permitted improvements or alterations placed in or on the License Area pursuant to this License in good and safe condition, and City will have no duty whatsoever for any repair or maintenance of the License Area or any such permitted improvements or alterations. Licensee will notify City in writing not less than five (5) days before performing any repair or maintenance work in the License Area, except in the case of an emergency when Licensee will notify City telephonically and in writing as soon as reasonably possible. (m) Revocability. T he installation of improvements to or alterations of , the License Area, regardless of cost, will not in any way whatsoever limit City ’s right to revoke this License pursuant to its terms or any of City’s other rights under this License. (n) Contractors. L icensee will not accept and release its contractor for work authorized or required by this License before securing the SFPUC’s written approval. (o) Cathodic and Other Protection. Ci ty may adopt from time to time such rules and regulations with regard to Licensee’s permitted improvements or alterations and operations under this License as City may determine are necessary or appropriate, at City’s sole discretion, to safeguard against corrosion of, or other damage to, City’s pipelines and related facilities. Licensee will immediately comply with all such rules and regulations upon receipt of a copy of such rules and regulations.
(p) Potholing. Any potho ling authorized by this License will be subject to the direction of City ’s Construction Inspector. Potholing using the soft dig method (vacuum soil extraction system) is preferred. If Licensee wishes to use any other mechanical method such as digging with a backhoe , License must submit a written request to the SFPUC at least five (5) business days prior to commencing such work and obtain the SFPUC ’s prior written consent .
Notwithstanding the foregoing, the last two feet (2′) above the top of the pipe must be dug manually, without the use of any machines.
(q) Use of Generated Fees; Income and Expense Reporting. L icensee will use the fees generated by use of the License Area solely to (i) administer Licensee’s use of the License Area, (ii) maintain the License Area, and (iii) comply with the terms of this License. Licensee will provide an annual income and expense report to City detailing the (x) Licensee’s costs of maintenance of the License Area and (y) fees Licensee received for use of the License Area, by the end of the month following the reporting period. Annual reports may be based on fiscal years as designated in advance by Licensee, otherwise annual reports will be by calendar year. (r) Annual Cam
pfire Inspection. Licensee will schedule an annual inspection of the two (2) campfire rings (located adjacent to two of the camping shelter s) and one (1) central campfire circle (collectively the “Campfire Rings”) with the San Francisco Fire Department and DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 9 Rev July 2022
City’s day-to-day contact by June 1st of each year . Licensee will make any adjustments to the Campfire Rings and surrounding vegetation as required or recommended by the SFFD inspector. (s) Site Rules: L icensee shall comply with the site rules described in the attached Exhibit E.
6. Restrictions on Use. The following uses (by way of example only) of the License Area by Licensee, or any other person claiming by or through Licensee, are inconsistent with the limited purpose of this License and are strictly prohibited as provided below:
(a) Improvements. Exc ept as otherwise expressly provided in this License, Licensee will not construct or place any temporary or permanent structures or improvements in, on, under , or about the License Area, nor will Licensee make any alterations or additions to any existing structures or improvements on the License Area, unless Licensee first obtains the SFPUC’s prior written consent, which the SFPUC may give or withhold at its sole and absolute discretion. For purposes of this License, the term “ improvements” includes asphalt, concrete, and cementitious driveways, sidewalks, and parking areas, shacks, storage facilities, and fences. (b) Trees and Other Plantings. L icensee will not plant any trees or other vegetation in or on the License Area, except as otherwise expressly provided in this L icense and except in accordance with detailed plans consistent with the SFPUC ’s Vegetation Management Policy, which may be amended from time to time and as approved by the SFPUC in writing in advance.
Licensee will protect and maintain existing trees and vegetation in the License Area at its sole cost. (c) Dumping. L icensee will not cause or permit the dumping or other disposal in, on, under, or about the License Area of landfill, refuse, Hazardous Material (defined in subsection (d) [Hazardous Material] below), or any other materials, including materials that are unsightly or could pose a hazard to the human health or safety, native vegetation or wildlife, or the environment. (d) Hazardous Material. L icensee will not cause, nor will Licensee allow any of its Agents or Invitees (defined in Section 19 [Indemnity] below) to cause, any Hazardous Material to be brought upon, kept, used, stored, generated, released, or disposed of in, on, under, or about the License Area, or transported to, from, or over the License Area. Licensee will immediately notify City when Licensee learns of, or has reason to believe that, a release of Hazardous Material has occurred in, on, under, or about any part of the License Area. Licensee will further comply with all applicable Laws requiring notice of such releases or threatened releases to governmental agencies, and will take all action necessary or desirable to mitigate the release or minimize the spread of contamination. I f Licensee or its Agents or Invitees cause a release of Hazardous Material, Licensee will promptly return the License Area to the condition immediately prior to the release, without cost to City, in accordance with all Laws, and using the highest and best technology available. In conne ction with such remedial action, Licensee will afford City a full opportunity to participate in any discussion or negotiations with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise proceeding involving Hazardous Material, and any other abatement or cleanup plan, strategy , and procedure. For purposes of this License, “ Hazardous Material” means material that, because of its quantity, concentration, or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state, or local governmental authority to pose a present or potential hazard to public health, wel fare, or the environment.
Hazardous Material includes the following: any material or substance defined as a “hazardous DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 10 Rev July 2022
substance, pollutant or contaminant ” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., or pursuant to Section 25316 of the California Health & Safety Code or any other federal, state, or local Law; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the License Area or are naturally occurring substances in the License Area; and any petroleum, including crude oil or any crude-oil fraction, natural gas, or natural gas liquids, provided, the foregoing will not prohibit Licensee from traversing to, from, and across the License Area in standard motor vehicles that do not exceed the weight limitations set forth below. The term “ release” or “threatened release” when used with respect to Hazardous Material will include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under, or about the License Area. (e) Nuisances. L icensee will not conduct any activities in, on, under , or about the License Area that constitute waste, nuisance, or unreasonable annoyance (including emission of objectionable odors, noises such as loud amplified music , or lights) to City, to the owners or occupants of neighboring property, or to the public, or that constitute waste or nuisance per se. (f) Damage. L icensee will not do anything in, on, under , or about the License Area that could cause damage to or interference with any pipelines, facilities, or other property located in, on, under, or about the License Area. Licensee will compensate City for any and all damage caused to the License Area and City facilities resulting from the activities of Licensee and its Agents and Invitees, including damage resulting from defective work. (g) Use of Adjoining Land . L icensee acknowledges that the privilege given under this License will be limited strictly to the License Area. Licensee will not traverse over or otherwise use any adjoining lands of City.
(h) Ponding; Water Courses . L icensee will not cause any ponding on the License Area or any flooding on adjacent land. Licensee will not engage in any activity that causes any change, disturbance, fill, alteration, or impairment to the bed, bank, or channel of any natural water course, wetland, or other body of water on, in, under, or about the License Area, nor will Licensee engage in any activity that could pollute or degrade any surface or subsurface waters or result in the diminution or drainage of such waters.
(i) Heavy Equipment and Vehicles . T
o prevent damage to City’ s underground
pipelines, Licensee’s use of vehicles and equipment within twenty feet (20′ ) of each side of the centerline of any City pipeline (measured on the surface) will be subject to the following restrictions:
(i) The depth of soil cover over the tops of City’ s p ipelines must be at least three feet (3’) for steel cylinder pipe and four feet (4′) for reinforced pre-stressed concrete cylinder pipe to accommodate the loading defined in subsection (ii) below. If any equipment with axle loading exceeds the loads stated in subsection ( ii) below or if the depth of soil cover is less than stated above, Licensee will submit to the SFPUC for review and approval, at the SFPUC’s sole discretion, engineering calculations prepared by a licensed Professional Engineer licensed in California showing that City’s pipelines will not be adversely affected by Licensee’ s proposed activities. If City’s pipelines may be adversely affected, Licensee will submit remedial measures for City’s approval to ensure that no adverse effect will occur.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 11 Rev July 2022
(ii) The effects of vehicle and equipment loads to the pipeline must not exceed the effects of the “AASHTO Standard H-10 Loading.” H-10 loading is defined as loading caused by a two-axle truck with a gross weight of ten tons (20,000 lbs.), axles fourteen feet (14′ ) apart, and rear axle carrying eight tons (16,000 lbs.). Licensee will be responsible for providing the SFPUC adequate evidence that its equipment and vehicles meet the foregoing requirements. (iii) Licensee will not use vibrating compaction equipment without the SFPUC’s prior written approval, which approval may be given or withheld at the SFPUC’s sole discretion. (iv) If the depth of the soil cover over the pipeline (determined by potholing or ot
her proof procedure) is less than the minimum stated in subsection (i) above, unless an alternate method is approved by the SFPUC in writing, all excavation and grading over the pipeline will be performed manually. For any machinery or equipment excavation and grading over and/or within twenty feet (20′) of each side of the centerline of the pipeline (measured on the surface), Licensee will submit a written proposal together with all supporting calculations and data to the SFPUC for review and approval. In any case, the two feet (2′ ) of soil around the pipe line will be removed manually or by other methods approved by the SFPUC with due care as provided in Section 5(e) [Exercise of Due Care] above.
7. Consideration and Use Fee.
(a) Recurring Use Fee. Until City has accepted Licensee’s written notice that Licensee has implemented the water education program described in Section 7(b) [Water Education], Licensee will pay to City a use fee in consideration of Licensee’s use of the License Area. Starting on the Commencement Date and until any adjustments permitted by this License, the use fee payable will be in the amount of Two Thousand Four Hundred Dollars ($2,400) per year and paid in the amount of Two Hundred Dollars ($200) per month. The use fee will be paid to City in advance, without prior demand and without any deduction, setoff, or counterclaim whatsoever, before the Commencement Date and on or before the first day of each calendar month thereafter. The use fee for the first month or any partial month will be prorated on the basis of a 30-day month. All sums payable by Licensee to City pursuant to this License will be paid in cash or by good cashier’s or certified check, or wire transfer to the City and County of San Francisco and delivered to City in care of the Customer Service Bureau, Attn: Real Estate Billing, 525 Golden Gate Avenue, 3
rd Floor, San Francisco, California, 94102, or such other place as City may designate in writing. Such use fee will be prorated for any fractional month. Licensee’s obligation to pay the use fee will cease on the date that the City acknowledges receipt of Licensee’s written notice under Section 7(b) [Water Education].
(b) Water Education. As partial non -monetary consideration for City entering into this License, Licensee will require each Girl Scout troop or program user to make water education a meaningful part of their use of the License Area. Water education must be designed to promote the SFPUC’s primary utility purpose. Appropriate topics include water conservation, groundwater, and watershed education. The requirement must be carried out on the License Area.
The goal of this requirement is for Licensee to integrate the water education activities with the requirements for Girl Scout water-related merit badges to encourage troops to pursue further water education. Licensee will choose and implement age- appropriate SFPUC “Big Ideas” water curriculum (as may be updated from time to time), activities associated with relevant Girl Scout merit badges, or other sources as approved by City. Licensee acknowledges that it has received a digital and hard copy of the SFPUC “Big Ideas” curriculum . Licensee will provide the water DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 12 Rev July 2022
education requirement with each reservation for the License Area. This Section is a material provision of this License. Noncompliance with this Section is grounds for immediate termination of the License at City’s discretion.
(c) Promotional Materials. A s partial non-monetary consideration for City entering into this License, Licensee will provide at least two posters or other media annually created by Girl Scout troops or other program users related to water conservation or other water education topics for the SFPUC’s use in promotional materials (including social media) . Licensee shall contact the SFPUC Communications Manager at [email protected], by April 30th of each year to plan and discuss potential themes and content for the promotional materials. This Section is a material provision of this License and noncompliance is grounds for immediate termination of the License at City’s discretion. Licensee will submit posters or other media by September 30th of each year. With each submittal, Licensee will provide a Media Release in the form attached as Exhibit D, as may be updated by City from time to time. (d) Late Fees. Licensee acknowledges that late payment by Licensee to City of the use fee or other sums due under this License will cause City to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include processing and accounting charges. Accordingly, if the use fee or any other sum due from Licensee will not be received by City within fifteen (15) days after such amount will be due, Licensee will pay to City a late charge of One Hundred Fifty Dollars ($150). The Parties agree that such late charge represents a fair and reasonable estimate of the costs City will incur by reason of any late payment by Licensee. Acceptance of such late charge by City neither constitutes a waiver of Licensee’s default with respect to such overdue amount, nor prevents City from exercising any of the other rights and remedies available to City.
8. Required Insurance Cove
rages. Licensee’s compliance with the provisions of this Section 8 will in no way relieve or decrease Licensee’s indemnification or other obligations under this License. Licensee must maintain in force, during the full term of th is License, insurance in the amounts and coverages listed below. In addition, Licensee will cause each Agent (defined in Section 19 [Indemnity] below) performing work on the License Area to procure and keep in effect during the course of such work appropriate amounts of insurance and add City as additional insureds for those respective policies.
(a) Commercial General Liability Insurance with limits not less than $1,000,000 each oc
currence for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Independent Contractors, Explosion, Collapse, and Underground (XCU), Broad Form Property Damage and Products, and Completed Operations, and Abuse and Molestation coverage. (b) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence, “Combined Single Limit” for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. (c) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 13 Rev July 2022
(d) Additional Insured Endorsements.
(i) The Commercial General Liability must be endorsed to name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees. (ii) The Commercial Automobile Liability Insurance policy must be endorsed to name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.
(e) Waiver of Subrogation Endorsements. The Workers’ Compensation policy(ies) and all Liability Policies referenced above will be endorsed with a waiver of subrogation in favor of City for all work performed by Licensee or its Agents. (f) Primary Insurance Endorsements.
(i) The Commercial General Liability policy will provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
(ii) The Commercial Automobile Liability Insurance policy will provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought. (iii) Such policies will also provide for severability of interests and that an act or omission of one of the named insureds which would void or otherwise reduce coverage will not reduce or void the coverage as to any insured, and will afford coverage for all claims based on acts, omissions, injury, or damage that occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period.
(g) Other Insurance Requirements.
(i) Thirty (30) days’ advance written notice will be provided to City of cancellation, intended non-renewal, or reduction in coverages, except for non-payment for which no less than ten (10) days’ notice will be provided to City. Notices will be sent to the City address set forth in Section 31 [Notices].
(ii) Should any of the required insurance be provided under a claims -made form, Licensee will maintain such coverage continuously throughout the term of this License and, without lapse, for a period of three years beyond the expiration of this License, to the e ffect that, should occurrences during the License term give rise to claims made after expiration of the License, such claims will be covered by such claims-made policies. (iii) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit will be double the occurrence or claims limits specified above.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 14 Rev July 2022
(iv) Should any required insurance lapse during the term of this License, requests for payments originating after such lapse will not be processed until City receives satisfactory evidence of reinstated coverage as required by this License, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this License effective on the date of such lapse of insurance.
(v) Prior to the Commencement Date of this License, Licensee will furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Licensee and i ts contractors will submit or cause their respective insurance brokers to submit requested information through the Exigis insurance verification program designated by City or any successor program used by City for verification of Licensee and contractor insurance coverage. Approval of the insurance by City will not relieve or decrease Licensee’s liability hereunder. If Licensee will fail to procure such insurance, or to deliver such policies or certificates, at its option, City may procure the same for the account of Licensee, and Licensee will reimburse City for any costs so paid by City within five (5) business days after delivery to Licensee of bills therefor. (vi) If Licensee will use any subcontractor(s) to perform the Permitted Acts , Licensee will require the subcontractor(s) to provide all necessary insurance and to name the City and County of San Francisco, its officers, agents and employees , and the Licensee as additional insureds.
(vii) Upon City’s request, Licensee and City will periodically review the limits and types of insurance carried pursuant to this Section. If the general commercial practice in the City and County of San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Licensee for risks comparable to those associated with the License Area, then, at its sole discretion, City may require Licensee to increase the amounts or coverage carried by Licensee hereunder to conform to such general commercial practice.
9. Compliance with Laws. At
its expense, Licensee will conduct and cause to be conducted all activities on the License Area permitted by this License in a safe and reasonable manner and in compliance with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts, and the like (collectively, “ Laws”) of any governmental or other regulatory entity with jurisdiction (including the Americans with Disabilities Act) and all covenants, restrictions , and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. A t its sole expense, Licensee will procure and maintain in force at all times during its use of the License Area any and all business and other licenses or approvals necessary to conduct the activities allowed by this License. City is entering into this License in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. N o approval by City for purposes of this License will be deemed to constitute approval of any federal, state, City, or other local regulatory authority with jurisdiction, and nothing in this License will limit Licensee’s obligation to obtain all such regulatory approvals at Licensee’s sole cost, or limit in any way City’s exercise of its police powers.
10. Covenant to Maintain Li
cense Area. T hroughout the term of this License, at its sole cost, Licensee will maintain the License Area at all times in a good, clean, safe, secure, sanitary, DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 15 Rev July 2022
and sightly condition, so far as the License Area may be affected by Licensee’ s activities under this License.
11. Monuments.
(a) By its execution and delivery of this License, Licensee acknowledges that the monuments shown on the attached Exhibit B, if any, are in place and in good condition. During the installation of any permitted improvements to, or alterations of, the License Area pursuant to this License and at all times during Licensee’s use of the License Area, Licensee will protect and safeguard City’s monuments. Licensee will promptly notify City if Licensee becomes aware of any change in the condition of City’s monuments, regardless of the cause of such change. (b) If Licensee d amages a monument necessitating resurvey, repair, or replacement, as determined by City at its sole discretion, Licensee will survey, file a land surveyor ’s map in the Official Records of the County of San Francisco, and install a replacement monument within thirty (30) days of completion of work authorized under this License, all at Licensee’ s expense and to City’s satisfaction. A recorded surveyor’s map will be furnished by Licensee to the SFPUC for its records.
(c) During the term of this License, City ma y replace missing monuments or install new monuments. When City replaces missing monuments or installs new monuments, City will give Licensee written notice of such replacement or installation. Upon deposit of such notice in the U.S. mail by City, postage prepaid, Licensee will assume the protection and replacement responsibilities set forth in this License.
12. Removal or Alteration of Facilities o r Improvements. Without limiting City ’s rights under this License, at City ’s written request, Licensee will promptly alter or remove, at its sole expense, any and all f acilities, improvements, plantings, or other property installed or placed in, on, under, or about the License Area by Licensee, as may be necessary to avoid any actual or potential interference with the installation, construction, maintenance, operation, repair, replacement, or removal of any of City’s pipelines, power lines, facilities, or other structures now or later constructed or with any other operations or land uses by City. In the request, City may specify reasonable time limits for completion of the work. If , after such written notice, Licensee fails to complete the requested work within the prescribed time limits, City may perform the requested work and charge Licensee all costs and expenses so incurred by City. Such amount will be due and payable upon City’ s demand. In the event of an emergency , at City’s sole option, at Licensee’s sole expense, and without notice, City may, alter, remove, or protect any and all facilities, improvements, plantings, or other property installed or placed in, on, under, or about the License Area by Licensee except for utility facilities owned by either a private company or a public agency that are necessary for operations after an emergency as determined by City at its sole discretion. Upon City’s written or oral notice that an emergency exists, the owner of such utility facilities will take immediate action at its sole expense to protect, remove, or relocate such facilities as required by City to meet the emergency.
13. Interruption or Disruption of License Area . W
ithout limiting City ’s rights under this
License or any applicable Laws, if Licensee’s use of the License Area is interrupted or disrupted for any reason in connection with any SFPUC request for removal or alteration of Licensee’s facilities located on the License Area pursuant to Section 12 [Removal or Alteration of Facilities] above, any improvements to, or alterations of, the License Area made by or on behalf of Licensee.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 16 Rev July 2022
At its sole cost, Licensee will be responsible for: (a) any and all costs of alteration, removal, and/or restoration of Licensee’s facilities or other improvements or alterations to a condition similar to that which existed prior to such interruption, disruption, alteration, or removal, and (b ) the implementation or satisfaction of any mitigation measures or obligations that may arise under any applicable Laws, including the California Environmental Quality Act ( “CEQA”), related to any interruption or disruption of Licensee’s use of the License Area. City will not be responsible for mitigation of any potential recreational use impacts or other impacts associated with any interruption or disruption of use of the Licens e Area, or any related costs. If Licensee fails to promptly perform its obligations under this Section, at its sole option, City may elect to terminate this License immediately by written notice, or to exercise any and all other rights or remedies available to City under this License or at law, including the rights set forth in Section 17 [City’s Right to Cure Defaults by Licensee] of this License.
City would not be willing to give thi s License in the absence of Licensee’ s assurances under this Section 13, and Licensee expressly assumes any and all liability or obligations that may arise under this Section 13.
14. Signs. Except existing signs and any pipeline markers required by City or any regulatory agency with jurisdiction, Licensee will not place, erect , or maintain any sign, advertisement, banner, or similar object in, on, or about the License Area without City ’s prior written consent, which City may give or withhold at its sole discretion; provided, however, that, without City ’s prior written consent, if necessary for Licensee’ s construction use, Licensee may place in the License Area a temporary sign of less than thirty (30) days ’ duration that does not penetrate the ground surface.
15. Surrender. Upon the expiration of this License or w ithin ten (10) days after any sooner revocation or other termination of this License, Licensee will surrender the License Area in the same condition as received, and broom clean, free from hazards , and clear of all debris. At such time, Licensee will remove all of its property from the License Area and any signs and, upon City’s request, the facilities any other structures, improvements, or alterations placed on the License Area during the term of this License, and will repair, at its cost, any damage to the License Area caused by such removal. Licensee’ s obligations under this Section will survive any termination of this License.
16. Repair of
Damage. If any portion of the License Area or any City property located on or about the License Area is damaged or threatened by any of the activities conducted by Licensee or anyone acting by or through Licensee, at its sole cost, Licensee will immediately notify City of such damage or threat by (a) telephoning the SFPUC ’s dispatch operator as specified in Section 31(b) [Emergency Contacts] below, and (b) providing written notice in accordance with Section 31(a) [Notices] below. City may, but will not be obligated to, remedy such damage or threat at Licensee’s sole cost, or City may elect to witness Licensee’ s repair work. If City elects not to remedy such damage or threat, Licensee will repair any and all such damage and restore the License Area or property to its previous condition subject to City’ s inspection, review , and approval. City has no responsibility or liability o f any kind with respect to any utilities that may be on, in, or under the License Area. Licensee is solely responsible for the location of any such utilities and other existing facilities and their protection from damage. Licensee will be solely responsible to arrange and pay directly for any utilities or services necessary for its activities pursuant to this License; provided, Licensee will obtain City ’s prior written approval to the provision of such services or utilities in, on, under, or through the License Area.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 17 Rev July 2022
17. City’s Right to Cure Defaults by Licensee. If Licensee fails to perform any of its obligations under this License to restore the License Area, remove or alter any of Licensee’s facilities, or improvements or alterations, or repair damage, or if Licensee defaults in the performance of any of its other obligations under this License, then, at its sole option, City may remedy such failure for Licensee’s account and at Licensee’s expense by providing Licensee with three (3) days’ prior written or oral notice of City ’s intention to cure such default (except that no such prior notice will be required in the event of an emergency as determined by City). Such action by City will not be construed as a waiver of any of City’s rights or remedies under this License, and nothing in this License will imply any duty of City to do any act that Licensee is obligated to perform. Licensee will pay to City upon demand, all costs, damages, expenses , or liabilities incurred by City, including reasonable attorneys ’, experts ’, and consultants ’ fees, in remedying or attempting to remedy such default. Licensee ’s obligations under this Section will survive the termination of this License.
18. No Costs to City . L icensee will bear all costs or expenses of any kind or nature in connection with its use of the License Area, and will keep the License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the License Area.
19. Indemnity. L icensee will indemnify, defend, reimburse , and hold harmless City, its officers, agents, employees , and contractors, and each of them, from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and liabilities of any kind ( “Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on, or about any part of the License Area, whether such injury, death, damage , or destruction is caused by the person or property of Licensee, its officers, directors, members, employe es, agents, consultants, contractors, or subcontractors (collectively, “Agents”), its invitees, guests, or business visitors (collectively, “ Invitees”), or third persons, relating to any use or activity under this License, (b) any failure by Licensee to faithfully observe or perform any of the terms, covenants, or conditions of this License, (c) the use of the License Area or any activities conducted on the License Area by Licensee, its Agents , or Invitees, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee, its Agents , or Invitees, on, in, under, or about the License Area, any improvements or into the environment, or (e) any failure by Licensee to faithfully observe or perform any terms, covenants, or conditions of the Recorded Documents to the extent that such terms, covenants , or conditions relate to or are triggered by the work to be performed or f acilities or other improvements or alterations installed pursuant to this License; except solely to the extent of Claims resulting directly from the gross negligence or willful misconduct of City or City ’s authorized representatives. In addition to Licensee’s obligation to indemnify City, Licensee has an immediate and independent obligation to defend City from any claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent, or false, which obligation arises at the time such claim is tendered to Licensee by City and continues at all times thereafter. The foregoing indemnity will include reasonable attorneys ’, experts ’, and consultants ’ fees and costs, investigation and remediation costs , and all other reasonable costs and expenses incurred by the indemnified parties, including damages for decrease in the value of the License Area and claims for damages or decreases in the value of adjo ining property. Licensee ’s obligations under this Section will survive the expiration or other termination of this License.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 18 Rev July 2022
20. Waiver of Claims.
(a) Neither City nor any of its commissions, departments, boards, officers, agents , or employees will be liable for any damage to the property of Licensee , its officers, agents, employees, contractors, or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the License Area or its use by Licensee, or Licensee’s Agents or Invitees.
(b) Because this License is freely revocable by City , Licensee expressly assumes the risk of making any expenditure in connection with this License, even if such expenditures are substantial. Without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including any claim for inverse condemnation or the payment of just compensation under law or equity, if City exercises its right to revoke or terminate this License. (c) Licensee acknowledges that it will not be a displaced person at the time this License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, of ficers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Law s, including any and all claims for relocation benefits or assistance from City under federal and state relocation assistance laws.
(d) The fees payable pursuant to this License do not take into account any potential City liability for any consequential or incidental damages including lost profits and arising out of disruption to or any f acilities or other improvements or alterations installed pursuant to this License; or Licensee’s uses of the License Area permitted by this License. City would not be willing to grant this License in the absence of a waiver of liability for consequential or incidental damages resulting from the acts or omissions of City or its departments, commissions, officers, directors, and employees, and by all persons acting by, through, or under each of them, and Licensee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License , Licensee fully RELEASES, W AIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against for consequential and incidental damages (including lost profits) and covenants not to sue for such damages City, its departments, commissions, officers, direct ors, and employees, and all persons acting by, through, or under each of them, arising out of this License or the uses authorized under this License, including any interference with uses conducted by Licensee pursuant to this License, regardless of the cau se, and whether or not due to the negligence of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, except for the gross negligence and willful misconduct of City or its depar tments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them.
(e) As part of Licensee’s agreement to accept the License Area in its “As Is” condition as provided below, and without limiting such agreement, Licensee , on behalf of itself and its DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 19 Rev July 2022
successors and assigns, waives its right to recover from, and forever releases and discharges, City and its officers, agents , and employees, and their respective heirs, successors, administrators, personal representatives, and assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and/or unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the License Area and any related improvements or any applicable Laws or the suitability of the License Area for Licensee’s intended use. (f) In connection with the foregoing releases, Licensee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Licensee acknowledges that the releases contained in this License include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has agreed upon this License in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of California Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained in this License will survive any termination of this License.
21. As Is Condition of License A
rea; Disability Access; Disclaimer of Representations .
Licensee accepts the License Area in its “AS IS” condition, without representation or warranty of any kind by City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, and subject to all applicable Laws governing the use of the License Area. Without limiting the foregoing, this License is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances , and other title matters affecting the License Area, whether foreseen or unforeseen, and whether such matters are of record or would be disclosed by an accurate inspection or survey.
City discloses (i) City has not been issued a disability access inspection certificate as des
cribed in California Civil Code Section 55.53(e), (ii) pursuant to California Civil Code Section 1938, that City has not ordered, performed, or caused to be performed, a Certified Access Specialist (“ CASp”) inspection of the License Area (sometimes referred to as “premises” or “subject premises” for the herein disclosures), and (iii) City makes the following statutory disclosure per California Civil Code Section 1938 (the required “CASp Disclosure”):
“A Certified Access Specialist (“CASp ”) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 20 Rev July 2022
22. No Assignment. This License is personal to Licensee and will not be assigned, conveyed, or otherwise transferred by Licensee under any circumstances. Any attempt to assign, convey, or otherwise transfer this License will be null and void and cause the immediate termination and revocation of this License.
23. Cessation of Use. L icensee will not terminate its activities on the License Area pursuant to this License without prior written notice to City.
24. No Joint Ventures or Part ner ship; No Authorization. This License does not create a partnership or joint venture between City and Licensee as to any activity conducted by Licensee on, in, or relating to the License Area. Licensee is not a state actor with respect to any activity conducted by Licensee on, in, under or around the License Area. City’s provision of this License does not constitute City’s authorization or approval of any activity conducted by Licensee on, in, around, or relating to the License Area.
25. MacBride Principles - N orthern Ireland . The provisions of San Francisco Administrative Code Section 12F are incorporated into and made a part of this License by this reference. By signing this License, Licensee confirms that Licensee has read and understood that City urges companies doing business in Northern Ireland to resolve employment inequities and to abide by the MacBride Principles, and urges San Francisco companies to do business with corporations that abide by the MacBride Principles.
26. Non-Dis crimination in City Contracts and Benefits Ordinance. (a) Covenant Not to Discriminate. In the performance of this License, Licensee will not discriminate against any employee of, any City employee working with Licensee, or applicant for employment with , Licensee, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person ’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
(b) Other Subcontracts .
Licensee will include in all subcontracts relating to the License Area a non -discrimination clause applicable to such subcontractor in substantially the form of Section 26(a) [ Covenant Not to Discriminate ] above. In addition, Licensee will incorporate by reference in all subcontracts the provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code and will require all subcontractors to comply with such provisions. Licensee’s failure to comply with the obligations in this subsection will constitute a material breach of this License.
(c) Non-Dis crimination in Benefits. Licensee does not as of the date of this License and will not during the term of this License, in any of its operations in San Francisco, on r eal property owned by City, or where the work is being performed for City or elsewhere within the United States, discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits, or travel benefits, as well as any benefits other than the benefits specified above, between employees with domestic partners and employees with spouses, and/or between the domestic DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 21 Rev July 2022
partners and spouses of such employees, where the domestic partnership has been registered with a governmental entity pursuant to state or local law authorizing such registration, subject to the conditions set forth in Section 12B.2(b) of the San Francisco Administrative Code. (d) Condition to L
icense. As a condition to this License, Licensee will execute the “Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits” form (Form CMD-12B- 101) with supporting documentation and secure the approval of the form by the San Francisco Contract Monitoring Division.
(e) Incorporation of Administrative Code Provisions by Reference. T he provisions of Chapters 12B and 12C of the San Francisco Administrative Code relating to non-discrimination by parties contracting for the license of City property are incorporated in this Section by reference and made a part of this License as though fully set forth. Licensee will comply fully with and be bound by all of the provisions that apply to this License under such Chapters of the San Francisco Administrative Code, including the remedies provided in such Chapters. Without limiting the foregoing, Licensee understands that pursuant to Section 12B.2(h) of the S an Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this License may be assessed against Licensee and/or deducted from any payments due Licensee.
27. Requiring Health Benefits for Covered Employees. To t he extent applicable and unless
exempt or preempted by other Laws, Licensee will comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (“HCAO”), as set forth in San Francisco Administrative Code Chapter 12Q (“Chapter 12Q”), including the implementing regulations, as the same may be amended or updated from time to time. The provisions of Chapter 12Q are incorporated into this License by reference and made a part of this License as though fully set forth in this License . The text of the HCAO is currently available on the web at http://www.sfgov.org/olse/hcao. Capitalized terms used in th is Section and not defined in this License will have the meanings assigned to such terms in Chapter 12Q. (a) For each Covered Employee Licensee w ill provide the applicable health benefit set forth in Section 12Q.3 of the HCAO. If Licensee chooses to offer the health plan option, such health plan will meet the minimum standards set forth by the San Francisco Health Commission. (b) Notwithstanding the above, if L icensee meets the requirements of a “ small business” as described in Section 12Q.3(d) of the HCAO, it will have no obligation to comply with subsection (a) above.
(c) Licensee’s failure to comply with any applicable requirements of the HCAO will constitute a material breach by Licensee of this License and City’s remedies will be those set forth in the HCAO. If, within thirty (30) days after receiving City’ s written notice of a breach of this License for violating the HCAO, Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such 30-day period, Licensee fails to commence efforts to cure within such period, or thereafter fails to diligently pursue such cure to completion, City will have the remedies set forth in Section 12Q.5(f)(1-5). Each of these remedies will be exercisable individually or in combination with any other rights or remedies available to City. (d) Any Contract or Subcontract regarding services to be performed on the License Area entered into by Licensee will require the Contractors and Subcontractors, as applicable, to DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 22 Rev July 2022
comply with the requirements of the HCAO and will contain contractual obligations substantially the same as those set forth in this Section. Licensee will notify the Purchasing Department when it enters into such a Contract or Subcontract and will certify to the Purchasing Department that it has notified the Contractor or Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on the Contractor or Subcontractor through written agreement with such Contractor or Subcontractor. Licensee will be responsible for ensuring compliance with the HCAO by each Contractor and Subcontractor performing services on the License Area. If any Contractor or Subcontractor fails to comply, City may pursue the remedies set forth in this Section against Licensee based on the Contractor’s or Subcontractor’s failure to comply, provided that the Contracting Department has first provided Licensee with notice and an opportunity to cure the violation.
(e) Licensee will not discharge, reprimand, penalize, reduce the compensation of, or otherwise discriminate against, any employee for notifying City of any issue relating to the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the requirements of the HCAO. (g) Licensee will keep itself informed of the requirements of the HCAO, as they may change from time to time.
(h) Upon request, Licensee will provide reports to City in accordance with any reporting standards promulgated by City under the HCAO, including reports on Subcontractors or Contractors.
(i) Within five (5) business days after any request by City, Licensee will provide City with access to pertinent records relating to any Licensee ’s compliance with the HCAO. In addition, City and its officers, agents , and employees may conduct random audits of Licensee at any time during the term of this License. Licensee will cooperate with City in connection with any such audit.
28. Notification of Prohibition o
n Contributions. Licensee acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with City for the selling or leasing of any land or building to or from City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or twel ve months after the date the contract is approved. Licensee acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. Licensee further acknowledges that (i) the prohibition on contributions applies to each Licensee; each member of Licensee’ s board of directors, and Licensee ’s chief executive officer, chief financial officer , and chief operating officer; any person with an ownership interest of more than ten percent (10%) in Licensee; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Licensee; DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 23 Rev July 2022
and (ii) within thirty (30) days of the submission of a proposal for the contract, the City department seeking to enter into the contract must notify the Ethics Commission of the parties and any subcontractor to the contract. Additionally, Licensee certifies it has informed each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126 by the time it submitted a proposal for the contract to the City, and has provided the names of the persons required to be informed to the City department seeking to enter into that contract within thirty (30) days of submitting its contract proposal to the City department receiving that submittal, and acknowledges the City department receiving that submittal was required to notify the Ethics Commission of those persons.
29. Trop
ical Hardwoods and Virgin Redwoods . City urges companies not to import, purchase, obtain, or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product, except as expressly permitted by the application of Sections 802(b) and 803(b) of the San Francisco Environment Code. Except as permitted by the application of Sections 802(b) and 803(b), Licensee will not use or incorporate any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product in the performance of this License.
30. Taxes, Assessments, Licenses, License Fees, a nd Liens. (a) Licensee recognizes and understands tha t this License may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest. Licensee further recognizes and understands that any transfer or assignment permitted under this License and any exercise of any option to renew or extend this License may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. (b) Licensee will pay taxes of any kind, including possessory interest taxes, that may be lawfully assessed on the interest created by this License and will pay all other taxes, excises, licenses, permit charges, and assessments based on Licensee’s usage of the License Area that may be imposed upon Licensee by law, all of which will be paid when the same become due and payable and before delinquency.
(c) Licensee will not allow or suffer a lien for any such taxes or charges to be imposed upon the License Area or upon any equipment or property located on the License Area without promptly discharging the same, provided that Licensee may contest the validity of the same by paying under protest or posting adequate ( at City’s sole discretion) security during any such contest.
(d) San Francisco Administrative Code Sections 23.38 and 23.39 require that City report certain information relating to this License, and any renewals of this License, to the County Assessor within sixty (60) days after any such transaction, and that Licensee report certain information relating to any assignment of or transfer under this License to the County Assessor within sixty (60) days after such assignment or transfer transaction. Licensee will provide such information as may be requested by City to enable City to comply with this requirement.
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31. Notices.
(a) Any notice, consent, or approval required or permitted to be given under this License will be in writing and will be given by (i) hand delivery, against receipt, (ii) reliable next-business-day courier service that provides confirmation of delivery, or (iii) United States registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or to such other address as either party may from time to time specify in writing to the other upon five (5) days’ prior, written notice in the manner provided above):
City or the SFPUC: Real Estate Services Division
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10
th Floor
San Francisco, California 94102
Attn: Real Estate Director
Re: Lake Merced--Girl Scouts Camp
License P4199A
Telephone No.: (415) 487-5210
Licensee: Girl Scouts of Northern California
1650 Harbor Bay Parkway, Suite 100
Alameda, CA 94502
Attn: Executive Director
Re: Lake Merced--Girl Scouts Camp
License P4199A
Telephone No.: (510) 562-8470 ext. 1214
E-mail: [email protected]
A properly addressed notice transmitted by one of the foregoing methods will be deemed received upon the confirmed date of delivery, attempted delivery, or rejected delivery, w hichever occurs first. Any e -mail addresses, telephone numbers, or facsimile numbers provided by one party to the other will be for convenience of communication only; neither party may give official or binding notice orally or by e-mail or facsimile. The effective time of a notice will not be affected by the receipt, prior to receipt of the original, of an oral notice or an e -mail or telefacsimile copy of the notice.
(b) Emergency Contacts . Licensee will immediately notify the SFPUC’s City Distribution Division Lake Merced Dispatch facility by phone at (415) 695-7321 of any emergency or incident requiring emergency response.
32. Prohibition of Tobacco Sales and Advertising. N o advertising or sale of cigarettes or tobacco products is allowed on the License Area. This advertising prohibition includes the placement of the name of a company producing cigarettes or tobacco products or the name of any cigarette or tobacco product in any promotion of any event or product.
33. Prohibition of Alcoholic Beverage Advertising. N o adv ertising of alcoholic beverages is allowed on the License Area. For purposes of this Section, “alcoholic beverage” will be defined as set forth in California Business and Professions Code Section 23004, and will not include cleaning solutions, medical supplies, and other products and substances not intended for drinking.
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This advertising prohibition includes the placement of the name of a company producing alcoholic beverages or the name of any alcoholic beverage in any promotion of any event or product.
34. Restrictions on the Use of Pesticides. C hapter 3 of the San Francisco Environment Code (the Integrated Pest Management Program Ordinance or “ IPM Ordinance” ) describe s an integrated pest management (“IPM”) policy to be implemented by all City departments. Licensee will not use or apply or allow the use or application of any pesticides on the License Area or contract with any person or entity to provide pest abatement or control services to the License Area without first receiving City’s written approval of an IPM plan that (a) lists, to the extent reasonably possible, the types and estimated quantities of pesticides that Licensee may need to apply to the License Area during the term of this License, (b) describes the steps Licensee will take to meet the City’s IPM Policy described in Section 300 of the IPM Ordinance and (c) identifies, by name, title, address, and telephone number, an individual to act as the Licensee’s primary IPM contact person with the City. Licensee will comply, and will require all of Licensee’s contractors to comply, with the IPM plan approved by the City and will comply with the requirements of Sections 300(d), 302, 304, 305(f), 305(g), and 306 of the IPM Ordinance, as if Licensee were a City department. Among other matters, such provisions of the IPM Ordinance: (i) provide for the use of pesticides only as a last resort, (ii) prohibit the use or application of pesticides on property owned by the City, except for pesticides granted an exemption under Section 303 of the IPM Ordinance (including pesticides included on the most current Reduced Risk Pesticide List compiled by City’ s Department of the Environment), (iii) impose certain notice requirements, and ( iv) require Licensee to keep certain records and to report to City all pesticide use at the License Area by Licensee’s staff or contractors.
If Licensee or Licensee’ s cont
ractor will apply pesticides to outdoor areas at the License Area, Licensee must first obtain a written recommendation from a person holding a valid Agricultural Pest Control Advisor license issued by the California Department of Pesticide Regulation ( “CDPR”) and any such pesticide application will be made only by or under the supervision of a person holding a valid, CDPR-issued Qualified Applicator certificate or Qualified Applicator license. City’s current Reduced Risk Pesticide List and additional details about pest management on City property can be found at the San Francisco Department of the Environment website, http://sfenvironment.org/ipm.
35. Conflict of Interest . Licensee acknowledges that it is familiar with the provisions of Section 15.103 of City’ s Charter, Article III, Chapter 2 of City’ s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the California Government Code and certifies that it does not know of any facts that would constitute a violation of said provisions. If Licensee becomes aware of any such fact during the term of this License, Licensee will immediately notify City.
36. Disclosure. City’s Sunshi ne Ordinance (San Francisco Administrative Code Chapter 67) and the State Public Records Law (Gov ’t Code Section 6250 et seq.), apply to this License and any and all records, information, and materials submitted to City in connection with this License.
Accordingly, any and all such records, information, and materials may be subject to public disclosure in accordance with City’ s Sunshine Ordinance and the State Public Records Law.
Licensee authorizes City to disclose any records, information, and materials submitted to City in connection with this License.
37. Food Service and Packaging Waste Reduction. Li
censee shall comply fully with and be
bound by all of the provisions of the Food Service and Packaging Waste Reduction Ordinance, as DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 26 Rev July 2022
set forth in San Francisco Environment Code Chapter 16, including the remedies provided therein, and implementing guidelines and rules. The provisions of Chapter 16 are incorporated into this License by this reference and made a part of this License as though fully set forth. Capitalized terms used in this Section that are not otherwise defined in this License have the sam e meaning assigned to such terms in San Francisco Environment Code, Chapter 16. Accordingly, Licensee acknowledges that City contractors, lessees, and licensees may not use Disposable Food Service Ware that contains Polystyrene Foam in City Facilities while performing under a City contract, lease, or license, and shall instead use suitable Biodegradable/Compostable or Recyclable Disposable Food Service Ware. This provision is a material term of this License.
38. Severability.
If any provision of this License, or its application to any person, entity, or circumstance, will be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this License, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this License will be valid and be enforceable to the fullest extent permitted by law, except to the extent that enforcement of this License without the invalidated provision would be unreasonable or inequitable under all the circumstances or would frustrate a fundamental purpose of this License.
39. Cooperative Drafting. This License has
been drafted through a cooperative effort of both
Parties, and both Parties have had an opportunity to have the License reviewed and revised by legal counsel. No party will be considered the drafter of this License, and no presumption or rule that an ambiguity will be construed against the party drafting the clause will apply to the interpretation or enforcement of this License.
40. Criminal History in Hiring and Employment Decisions. (a) Unless exempt, Licensee will comply with and be bound by all of the provisions of San Francisco Administrative Code Chapter 12T (Criminal History in Hiring and Employment Decisions; “Chapter 12T”), which are hereby incorporated into this License by reference as the same may be amended from time to time, with respect to applicants and employees of Licensee who would be or are performing work at the License Area. Capitalized terms used in this Section that are not otherwise defined in this License will have the meanings assigned to such terms in Chapter 12T.
(b) Licensee will incorporate by reference the provisions of Chapter 12T in all contracts to perform work within the License Area and will require all contractors to comply with such provisions. Licensee’s failure to comply with the obligations in this subsection will constitute a material breach of the License.
(c) Licensee and its contractors performing work in the License Area will not inquire about, require disclosure of, or if such information is received, base an Adverse Action on an applicant’s or potential applicant for employment, or employee ’s: (i) Arrest not leading to a Conviction, unless the Arrest is undergoing an active pending criminal investigation or trial that has not yet been resolved; ( ii) participation in or completion of a diversion or a deferral of judgment program; ( iii) a Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative; ( iv) a Conviction or any other adjudication in the juvenile justice system; (v) a Conviction that is more than seven years old, from the date of DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 27 Rev July 2022
sentencing; or (vi) information pertaining to an offense other than a felony or misdemeanor, such as an infraction.
(d) Licensee and its contractor s w ill not inquire about or require applicants, potential applicants for employment, or employees to disclose on any employment application the facts or details of any conviction history, unresolved a rrest, or any matter identified in subsection (c) above. Licensee and its contractor s will not require such disclosure or make such inquiry until either after the first live interview with the person, or after a conditional offer of employment. (e) Licensee and its contractor s will state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment with Licensee or its contractor at the License Area, that the Licensee or contractor will consider for employment qualified applicants with criminal histories in a manner cons istent with the requirements of Chapter 12T.
(f) Licensee and its contractor s will post the notice prepared by the Office of Labor Standards Enforcement ( “OLSE”), available on OLSE ’s website, in a conspicuous place at the License Area and at other workplaces within San Francisco where interviews for job opportunities at the License Area. The notice will be posted in English, Spanish, Chinese, and any language spoken by at least five percent ( 5%) of the employees at the License Area or other workplace at which it is posted.
(g) Upon any failure to comply with the requirements of Chapter 12T, City will have the right to pursue any rights or remedies available under Chapter 12T or the License, including a penalty of $50 for a second violation and $100 for a subsequent violation for each employee, applicant, or other person as to whom a violation occurred or continued, or termination or suspension in whole or in part of the License.
(h) If Licensee has any questions about the applicability of Chapter 12T, it may contact City’s Real Estate Division for additional information. City ’s Real Estate Division may co nsult with the Director of City’s Office of Contract Administration who may also grant a waiver, as set forth in Section 12T.8.
41. San Francisco Packaged Water Ordinance. L
icensee will comply with San Francisco
Environment Code Chapter 24 ( “Chapter 24”). Licensee will not sell, provide or otherwise distribute Packaged Water, as defined in Chapter 24 (including bottled water), in the performance of this License or on City property unless Licensee obtains a waiver from the City’ s Department of the Environment. If Licensee violates this requirement, the City may exercise all remedies in this License and the Director of the City ’s Department of the Environment may impose administrative fines as set forth in Chapter 24.
42. Contractor Vaccination Requirements.
(a) Licensee acknowledges that it has read the requirements of the 38th Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency (“Emergency Declaration”), dated February 25, 2020, and the Contractor Vaccination Policy for City Contractors issued by the City Administrator (“ Contractor Vaccination Policy”), as those documents may be amended from time to time. A copy of the Contractor Vaccination Policy can be found at https://sf.gov/confirm- vaccine-status-your-employees-and-subcontractors. Any DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 28 Rev July 2022
undefined, initially-capitalized term used in this Section has the meaning given to that term in the Contractor Vaccination Policy.
(b) A Contract subject to the Emergency Declaration is an agreement between the City and any other entity or individual and any subcontract under such agreement, where Covered Employees of the contractor or subcontractor under that agreement work in- person with City employees in connection with the work or services performed under the agreement at a facility owned, leased, or controlled by the City. Such agreements include, but are not limited to, professional services contracts, general services contracts, public works contracts, and grants. A Contract includes such agreements currently in place or entered into during the term of the Emergency Declaration. A Contract does not include an agreement with a state or federal governmental entity or agreements that does not involve the City paying or receiving funds. (c) Licensee has read the Contractor Vaccination Policy. In accordance with the Emergency Declaration, if this License is or becomes a Contract as defined in the Contractor Vaccination Policy, Licensee agrees that:
(1) Where applicable, Licensee will ensure it complies with the requirements of the Contractor Vaccination Policy pertaining to Covered Employees, as they are defined under the Emergency Declaration and the Contractor Vaccination Policy, and insure such Covere d Employees are fully vaccinated for COVID -19 or obtain an exemption based on medical or religious grounds; and
(2) If Licensee grants Covered Employees an exemption based on medical or religious grounds, Licensee will promptly notify City by completing and submitting the Covered Employees Granted Exemptions Form (“ Exemptions Form ”), which can be found at https://sf.gov/confirm-vaccine-status-your-employees-and-subcontractors (navigate to “Exemptions” to download the form).
43. General Provisions. (a ) This License may be amen ded or modified only by a writing signed by City and Licensee. (b) No waiver by any party of any of the provisions of this License will be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. No waiver will be deemed a subsequent or continuing waiver of the same, or any other, provision of this License. (c) The exhibits referenced in and attached to this instrument are incorporated into this License. (d) This License contains the entire agreement between the Parties regarding the subject matter of this License, and all prior written or oral negotiations, discussions, understandings, and agreements are merged into this License. (e) The Section and other headings of this License are for convenience of reference only and will be disregarded in the interpretation of this License. (f) Time is of the essence in all matters relating to this License. (g) This License will be governed by California law and City’s Charter. (h) If either party commences an action against the other or a dispute arises under this License, the prevailing party will be entitled to recover from the other reasonable attorneys’ fees and costs. For purposes of this License and the indemnifications set forth in this License, reasonable attorneys’ fees of City will be based on the fees regularly charged by private attorneys in San Francisco with comparable experience notwithstanding City’ s use of its own attorneys. (i) If Licensee consists of more than one person then the obligations of each person will be joint and several. (j) Licensee may not record this License or any memorandum of this License. (k) Subject to the prohibition against assignments or other transfers by Licensee hereunder, this License will be binding upon and inure to the benefit of the Parties and their respective heirs, DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 29 Rev July 2022
representatives, successors, and assigns. (l) Any sale or conveyance of the property burdened by this License by City will automatically revoke this License. (m) Notwithstanding anything to the contrary contained in this License, no officer or employee of City has authority to commit City to this License unless and until a resolution of the SFPUC will have been duly adopted approving this License and authorizing the transaction contemplated by this License. Therefore, any of City’s obligations or liabilities pursuant to or under this License are contingent upon enactment of such a resolution, and this License will be null and void if , at its sole discretion, the SFPUC does not approve this License. (n) Each of the persons executing this License on Licensee’s behalf do hereby represent and warrant that Licensee is a duly formed or organized (as applicable) and validly existing entity under the laws of California, that Licensee is in good standing and qualified to do business in California (and covenants to maintain such status during the term of this License), that Licensee has full right and authority to enter into this License, and that each and all of the persons signing on behalf of Licensee are authorized to do so. Upon City’s request, Licensee will provide City with evidence reasonably satisfactory to City confirming the foregoing representations and warranties. (o) Except as expressly provided to the contrary, all approvals, consents, and determinations to be made by City under this License may be made at City’ s sole and absolute discretion. (p) Whenever this License requires City ’s or the SFPUC ’s consent or approval, the General Manager of the SFPUC, or his or her designee, will be authorized to provide such consent or approval, except as otherwise provided by applicable Laws, including City’ s Charter, or by the SFPUC’s Real Estate Guidelines. No consent, approval, election, or option will be effective unless given, made, or exercised in writing. (q) This License may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument. (r) Use of the word “including” or similar words will not be construed to limit any general term, statement, or other matter in this License, whether or not language of non-limitation, such as “without limitation” or similar words, are used.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE,
NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS LICENSE UNLESS AND UNTIL CITY ’S PUBLIC UTILITIES COMMISSION WILL HAVE
DULY ADOPTED A RESOLUTION APPROVING THIS LICENSE AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED IN THIS LICENSE . THEREFORE, ANY
OBLIGATIONS OR LIABILITIES OF CITY UNDER THIS LICENSE ARE CONTINGENT
UPON ADOPTION OF SUCH A RESOLUTION, AND THIS LICENSE WILL BE NULL AND VOID IF CITY’S PUBLIC UTILITIES COMMISSION DOES NOT APPROVE THIS LICENSE, AT ITS SOLE DISCRETION. APPROVAL OF THIS LICENSE BY ANY DEPARTMENT,
COMMISSION, OR AGENCY OF CITY WILL NOT BE DEEMED TO IMPLY THAT SUCH
RESOLUTION WILL BE ENACTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 30 Rev July 2022
LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND
UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO
REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS.
LICENSEE:
GIRL SCOUTS OF NORTHERN CALIFORNIA,
a California nonprofit public benefit corporation
By:
____________________________________
Its: Chief Mission Delivery Officer
Dat
e: ____________________________________
CIT
Y:
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By:
____________________________________
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
Date: ____________________________________
APPROVED AS TO FORM:
DAVID CHIU
City Attorney
By:
____________________________
Shari Geller Diamant
Deputy City Attorney
Authorized by
San Francisco Public Utilities Commission
Resolution No. _________________________
Adopted: _________________________
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E 12/12/2022 | 9:03:20 AM PST
EXHIBIT A
Description of License Area
All that certain real property located in the City and County of San Francisco, California, described as follows:
An approximately 4.1 acre p ortion of SFPUC’s Lake Merced Tract Parcel 55, according to SFPUC records and as shown on the attached Exhibit B and made a part of this License.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
EXHIBIT B
Depiction of License Area
[see attached]
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E Pictometry
0 70 140 210 28035
Feet
Exhibit B License Area
The City does not guarantee that this information is accurate or complete.
The City is not responsible for any damages arising
from the use of information on this site.
Users should verify the information before making project commitments. ´ SFPUC Revocable License No. P4199A
to the Girl Scouts of Northern California
City Property
Lake Merced Blvd.
Lake Merced Hill
Girl Scouts Revised License Area (Approx 4.1 acres)
SFPUC Green Waste
Facility (Approx 1.5 acres) SFPUC Parcel No. 55
1100 Lake Merced Blvd.
San Francisco, California
Brotherhood Way
Gulch
(Wetland Area)
"
Central
Firepit
SFPUC Pipeline
"
Restroom
"
Clubhouse
"
Shed
"
Shade
#1
"
Shade
#3
"
Shade
#2
"
Shed
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
EXHIBIT C-1
Deed
[see attached]
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
EXHIBIT C-2
Assignment of Lease to Lake Merced Hill Recreation and Management Association [see attached]
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E '
' - ~ .. • • • • 1 • • f • ~
1 .... • •• • ••• t ~ .• :
' •
P U B L I C
•• ·.,. J
CITY AND COUtiTY OF SAN FRANCISCO
JOSEPH L. ALIOTO, MAYOR
99-YEAR PREPAID RIGHT OF WAY LEASE
CITY AND COUNTY OF SAN FRANCISCO
CALl FORN lA
•
U T I L I T I E S C 0 M M I S S I 0 N
••
Marvin E. Cardoza, President Oliver M. Rousseau, Vice President Joseph J. Diviny
H • We 1 ton F I yn n' •
l:ouis A. Petri ·
John D. Crm<ley
Commissioner
Commissioner
Commissioner
General Manager of Public Uti I ities
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E I . . '· '
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SECTION NO.
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4 5
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a
9 10
II
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20 21
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28 29
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32 ' o I. ' ' • ·'
I N 0 E X
TITLE
Premises
Term ·••••*•···"·"~·················•+•··················· Rental •••••••••••••••••.•••••••.••••••..••••••...•••••.•• Use & Ope rat ion of Demised Premises .................... ..
Erection of Bui !dings ............ ~ ...................... .
Notices of Nonrespons·ibility ........................... ..
Compliance with Laws and Regulations ................... ..
Waste ....................................................... .
Pipe 1 1 nes and Monuments •.•••••••••..•••••••••.••••••••••• Roadways: Ingress and Egress
Road Cross j ng s ............................................... .
Default· by Lessee ........................... · ............ .
Non Wa_iver of Defaults .................................. .
Lessee-as Independent Contractor ••••••••.•••••••••••••••• Assignment and Subletting ............................. _ .. .
Surrender of Premises ................................... .
Indemnity •••• 0 ........ 0 .................. 0 ........... 0 ••• 0 •••• Condemnation ••••••••••••••••••••••••••••••••••••••••••••• Wideni.ng of Lake Merced Boulevard ....................... .
Pub 1 i c Liability and Property Damage .................... .
Insurance - General .................................... ..
Conflict of Interest .................................... .
Covenants Against Encumbrances ............. ; ............ .
Notices ~·5••••••,••.o••••·································· Holding Over •.•••••• ; ••••••.•••••••.••••••••.•.••.•..•••• Charter Provisions ••••••••••.•••••..•••............••...• Taxes and Assessments •....•.•...••••.•.••..••.•...•••.•.• Agreement Made in California ........................... ..
Time of the.Essence ..................................... .
Successors and Assigns ................................. ..
Recording of Lease •••.••...•••.•...•••.••.•....•....•..•.• Section Headings ........................................ . '•
PAGE
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NO.
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DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E • r i • , .. ' .. :
/
PUBLIC UTILITIES COMMISSION
SAN fRANCISCO WATER DEPARTMENT
RIGHT OF WAY LEASE
the City and County of
San
the corporation (hereinafter referred
to as "City"), by and through its Public Utilities Commission, (hereinafter referred to as "Commission"), Lessor, and GBI COMPANY, a California corporation (hereinafter referred to as "GB I") and the SAN fRANCISCO GOLF CLUB, a Ca 1 i forn ia corporation {hereinafter referred to as "SFGC"), said GBl and SfGC being hereinafter collective.Jy referred to as "Lessee", evidences that Whereas:
City owns the parcels of real property hereinafter particularly described and situated in the City and County of San Francisco, State of California; and said parcels are under the jurisdiction of the San francisco Water Department under the direction of the General Manager and Chief Engineer (hereinafter referred to'as "Manager," and
GBI intends to purchase a portion of SFGC's property, which adjoins the prope~ty of City hereinabove referred to, and to develop the same for residential uses and in connection therewith Lessee wishes to acquire the right to the use of the herein described City property for roadways, landscaping, utilities and other uses and purposes related thereto and to the residential development on the adjoining property for the benefit thereof and for use by those acquiring the ownership of or the right to occupy portions of such adjoining property; and
Upon completion of the development of the adjoining property for residential use, GBI will convey certain ~ortions of said property to LAKE MERCED HILL HOMEOWNERS ASSOCIATION, a California non-profit corporation (hereinafter referred to as "Corporation"), to be formed by GBI. and GBl's interest hereunder wi II be as_si.?J_ned to Corporation at that time and Corporation will thereupon assume the obi igation of Lessee hereunder.
NOW, THEREFORE, in consideration of the covenants and ~greements herein contained and of the payment of moneys by lessee as hereinafter required, the parties DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E '
'' ... I
~· ;
'• '
hereto mutually agree as follows:
·1. PREMISES
City hereby leases to lessee, and lessee hereby hires and takes from City, upon the terms and conditions hereinafter set forth, the following described real property situated in the City and County of San Francisco, State of California, to wit:
a. A right of way for pedestrian, vehicle, and other ingress and egress, parking, construction and maintenance of roads, lights, landscaping, entry gates and underground utilities, over a strip of land 108 feet in width particularly described upon the exhibit attached hereto marked "Exhibit A" and incorporated herein by· this reference, said property being hereinafter referred to as "Parcel A", reserving unto the City and County of San Francisco, ownership of its existing 60 inch pipeline, together with the right to maintain, replace, and .renew said pipe! ine, and the right to cross with addit- ional pipelines by open trench construction, which said open trench construction shall ~ot curtail Lessee's access,' and replacement of Lessee's improvements upon Parcel A due to such open .trench construction by City shall be the responsibility of City. b. A'right of way over that certain parcel of real property particularly described upon the schedule attached hereto marked "Exhibit B"; and incorporated herein by ·this reference, for the installation and maintenance of sewer and water 1 ines (said parcel being hereinafter referred to as "Parcel B"}, reserving unto the City and County of San Francisco, ownership of its existing 60 inch pipeline, together with the right to maintain, replace, and renew said pipe) ine, and the right to cross with additional pipe! ines by open trench construction.
Replacement of Lessee's improvements on said parcel due to such open trench construction by City shall be the responsibility of City. City reserves the right at any time to change the location of this right of way and, in such event, City shal 1 at its own cost and expense relocate to such new location any of Lessee's sewer and water l i.nes which may have been. ',installed in this right of way. c. A right of 1·1ay for the purpos<;> of the construction of slopes upon those certain parcels df real property particularly described upon the schedules attached hereto marked, respectively, "Exhibit C", "Exhibit D", and "Exhibit E", and incorporated herein by this reference, said parcels being hereinafter referred. to, respectively, as "Parcel C", "Parcel D", and "Parcel E".
d. In addition to aforesaid reservations by City, City reserves all rights not in conflict with lessee's use of demised premises including, but not limited to the 2 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E . . ' • ? •
. .
right to cross over said premises to adjoining City property, . 2. TERM
.· '•
The term of this Lease shall be for the ninety-nine (99) year period commencing on the 1st day of October, 1972, and ending on the 30th day of September, 2071 .
3. RENTAL
Lessee promises and agrees to pay to City and City wi II accept as tota I rental for the demised premises for the. entire lease term hereof the sum of $132,872.00 all of which shall be paid in advance by Lessee after execution hereof and upon the granting of approval by Lesso,r:, its Manager, the Art Commission, where applicable, and all other public entities having jurisdiction over such mat~ers of lessee's use of and improvements to the premises, including without limitation, landscaping; tree removpl, grade utilities and roads, etc. Said sum of $132,672.00 includes. a sum of $29,410.00 to provide compensation to the City for the cost of possible relocation by City of sewer and water J.ines as set forth in paragraph l sub-section b. herein. ·No further sums shall be or become due as rent hereunder during the lease term.
4. USE AND OPERATION OF DEMISED PREMISES
The demised premises may. be used by Lessee and by its licensees, agents, permitees, asignees, and other successors in interest. Subject to the specific requl rements and llmi tat ions hereinafter set forth, Lessee may:
Within and under Parcel A, subject to prior written approval of Manager, ----~--
and Art Commission where applicable, construct or permit.others to construct roads, pathways, parking area, entry gates, and landscaping, and to construct and install therein, electric power lines, ,telephone and telegraph .lines, cable TV I ines, pipelines for gas and water, and other business and domestic utilities; and ;' "~
Within Parcel B Lessee may, subject to prior written approval of Manager, const'ruct or permit others to construct and install pipelines for 1-1ater, storm and sanitary sewers; and
Within Parcels C, D, and E lessee may, subject to prior written approval of Manager, construct or permit others to construct slopes as may be required by Lessee's utilization of Parcels A and B, or development of the adjacent property. 3 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ' . ' ' .
.,
All such improvements (hereinafter referred to as "Improvements"), shall remain the property of Lessee and its successors in interest and may be added to, removed, or modified as Lessee, shalt determine consistent with the provisions hereof, except that upon termination of this Lease, or any extended term thereof, any Improvements remaining on the property shall become the property of City excepting, however, at City's !)pti.on, Lessee sha!!, at Lessee's sole cost and expense, when surrendering premises remove all or any part of such improvement and restore the premises to the condition existing prior to commenc<ement of this lease. lessee shall maintain the Improvements at its expense in a clean, neat, and sightly manner. Anything herein· contained to the contrary, notwithstanding, the construction, installation, arid maintenance of Improvements shall be subject to the following requirements and limitations:
a. The grade of all underground uti! ities shall have prior written approval of Manager.
;·
(
b. The grade of the lessee's access road;vay shall have prior written approval Manager.
c. Landscaping, t.ree removal, and tree replacement, on the demised premises, shall have prior written approval of Manager.
d. Existing trees in Parcels C, D, and E shall be protected and remain in place, and Lessee shall be responsible for the maintenance of the slope areas.
5. ERECTION OF BUILDINGS
lessee shall not erect buildings or install fences or structures of any kind -~-~
on the demised premises, in addition to those, if any, already on the demised premises, without first obtaining written permission from Manager and Art Commission, if applicable. Any removable improvements placed thereon under such written permission shall remain in lessee's possession and maybe removed or disposed of by it upon expi radon or any sooner term,ination of this Lease, provided that Lessee is not in fault hereunder at the time. If not removed within fifteen (15) days after the termination of this Lease, all such removable improvements shall remain on the demised premises and become a part thereof Hi thout reccourse by Lessee, exccept i ng however, at City's option, Lessee shall, at Lessee's so·le cost and expense, when surrendering premises remove all or any parts of such improvements and restore the premises to the condition existing prior to commencement of this lease. 4 \
--......._.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E '• ' ' ' '· ' . . '
6. NOTICES OF NOtiRESPONSISILITY
City reserves the right to post notices of nonresponsibility and Lessee. agrees to save City free and harmless from claims or liens of every kind and nature in connection with the construction, maintenance, and operation of Lessee's imp-rove- ments.
In the event Lessee makes any improvements upon the demised premises it shall, not later than ten (10) days prior to the commencement of work upon any such improvements, notify the Manager in writing, so that City may install and maintain upon ·the demised premises notices of nonresponsibi I i ty".
7. COMPLIANCE WITH LAWS AND REGULATI OtiS
Lessee agrees to keep the premises herein demised, and all fixtures and equipment, clean, neat, safe, sanitary, and in good order at all ·times.
Lessee agrees that the operations conducted under this agreement will be operated in· strict comp.l iance with all laws of the United States, the State of California, applicable laws of the· City and County of San Francisco, or any legal authority having jurisdiction over same, and all rules and regulations issued pursuant to the laws of the sovereignties or agencies hereinabove mentioned. Lessee further agrees to submit a report or reports or convey such information regarding its operations as Manager may require at any time after reasonable notice.
8. WASTE
Except to the extent occasioned by construction, maintenance or ~dification of Improvements, lessee shall not commit any waste on said premises nor s~ffer any waste to be committed thereon.
9. PIPELINES AND MONUMENTS
Lessee shall be liable for the adequate protection of pipeline appurtenances and City's monuments, if any, located on the demised premises. Lessee shall be liable for damage to or destruction of. pipeline appurtenances and City's monuments caused by ··.· negligent acts of' lessee, its agents or employees. City shall repair such damage at lessee's expense.
10. ROADWAYS: INGRESS AND EGRESS
City, its employees, successors, agents, and assigns shall have the right to enter upon and pass through or across said premi~es or any part thereof at any or all times.
5 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E : . '•
·, . -·
II. ROAO CROSS I ~lGS
All damage to public and private roads, if any, on the demised premises which are crossed and traversed by Lessee's construction and maintenance operations during the term of this Lease shall be restored by Lessee at its expense to a comparable prior condition. All said roads shall not be blocked by Lessee and shall be kept opened to avoid interference with the passage of vehicles and maintenance equipment.
12. DEFAULT BY LESSEE
Upon any breach or non-performance of any of the covenants, conditions, or requirements contained herein, City shall give lessee twenty (20) days written notice of any such breach, non-performance, or default, and less.ee shall promptly undertake to remedy the same. If lessee fails to do so, City may undertake the requisite action, and lessee shall reimburse to City all reasonable costs and expenses incurred by City in completing the remedial action. Any and all indebtedness accrued by non-payment of any such amount not paid on such notice sha II become a I i en on any' property which lessee may have on the demised premises. If lessee abandons the premises, City may terminate this· lease on thirty (30) days written notice.
13. NON-WAIVER OF DEFAULTS
City's failure to take advantage of any default or breach of convenant on the part of Lessee shall not be or be construed as a v1aiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this instrument be construed to waive or to Jessen the right of City to insist upon the 'performance by Lessee of any term, covenant or condition hereof, or to exercise any rights given it on account of any such default. The waiver by the City of any breach of any term, covenant or condition here·in contained shall not be deemed to be a •<aiver of such term, convenant or condition for any subsequent breach of the same or any other term covenant or condition herein contained.
14. LESSEE AS INDEPENDENT CONTRACTOR
Lessee enters into this agreement as an independent contractor and not as an agent or employee of City, as the ~~ord "employee" is defined in the Workmen's Compensation Act of the State of California. Lessee shall indemnify and hold City and Commission, and all of their officers, representatives, and employees free and harmless against all claims of .vhatsoever nature, .vhether liens of mechanics or others, or claims under the Workmen's Compensation Act of the State of California, 6 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ' .
·. tl' > •,I
or damage of any kind to individuals or property clue directly or indirectly to Lessee's use of the demised premises.
15. ASSIGNMENT AHD SUBLETTING
GBI and SFGC may assign their respective interest hereunder to the other and to Corporation. The improvements may be utilized by and may be used for the benefit of any and alI of the persons 1•ho own or have the right to use any portion of the adjoining property which GBI is purchasing from SFGC and is developed for residential use, and lessee may assign, subject to prior written approval of Commission, which approval shall not be witheld unreasonably, its interest hereunder to any successor in interest to all or any part ·of the adjoining property· now owned by lessee or by either of the parties designated "Lessee" hereunder.
16. SURRENDER Of PREMISES
At the expiration or any sooner termination of this lease, lessee shall peaceably yield possess,ion of said land and premises to City and deliver to City a ·good and sufficient ·quitclaim deed or other form of rei inquishment, if and when requested.
17. LESSOR TO BE HELD HARMLESS
This lease is made upon the express condition that City is to be free from all liability and claims for damages by reason of any injury to any person or persons, incl~ding lessee, or property of any kind whatsoever and to whomseover belonging, including lessee, from any cause or causes whatsoever while in, upon, or in any way connected with the demised premises during the term of this lease or any occupancy hereunder, except for claims or damages resulting from act or omission of lessor or its agents or its employees, lessee hereby covenanting and agreeing to defend, indemnify and save harmless the City and County of San francisco, the members of the Public Uti! ities Commission, and all of City's servants, agents and employees from and against al.L liability, loss, cost and obi igations of any kind ~' ~ .,.
arising out of any such injuries or losses however occurring, except as above limited. 18 • CON DEMNA T I ON
In the event of the institution of condemnation proceedings during the pendency of this lease, lessee shall be entitled to that portion of the a11ard attributable to lessee's improvements, and City and lessee shall share the balance according to the damages suffered by each as a result of the condemnation taking into 7 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E .. . .
account that full rental for the lease term has been paid by lessee to the City in advance.
19. WIDENING OF LAKE MERCED BOULEVARD
In the event City shall find it necessary· to widen Lake Merced Boulevard, Lessee shall relinquish to City, without remuneration, that portion of the demised premises which would be within the ·new street area, and in such event, City guarantees continued ~ccess by lessee over said premises to Lake Merced Boulevard.
20. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
Lessee shaH, throughout the period of this lease, or any extension thereof, f at its own cost and expense, procure and maintain in full force and effect an insurance pol icy or policies covering bodily injury, personal injury (including death resulting therefrom) and property damage insurance with an insurance carrier or carriers approved by the Controller of City and in a form satisfactory to the City Attorney of City. The liability insurance shall include, but shall not be limited to, protection against Claims arising from bodily and personal injury (including death resulting therefrom) and damage to property resulting from operations of lessee upon the demised premises. Said policies shall include coverage of l iabi I ity arising out of premises, owned or non-owned automobiles, products, and shall cover contractual liability assumed under this lease. City and Commission and all their officers, servants, agents and employees shall be named as additional insured, and policy or policies shall provide that insurance will operate as primary insurance, and in- surance effected by City shall not be-called on to contribute to a loss covered by lessee's insurance. The amount of insurance shall not be less than single limit ·coverage applying to bodily and personal injury I iabi I it.Y (including death resulting therefrom) and property damage or a combination of $1,000,000.
Before the lease becomes effective, lessee shall file with City a certified copy of each required policy. Each policy shall provide that no cancellation, ' .
major change in coverage, or expiration shall become effective until at least thirty days after receipt of written notice by Commission. Said policy shall also contain a cross liability endorsement.
It is understood and agreed that approval of policies by City does not relieve the lessee from liability under paragraph 17 which remains in full force and effect.
8 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E '. . '. ~ ' .. '
21. INSURANCE- GENERAL
Approval of the insurance by City shall not relieve or decrease the liability of the Lessee hereunder.
The entire responsibility for any and all injury to the public and to individuals and damage to property resulting from •1ork and activities of lessee, its agents or employees arising from this lease shall rest entirely with Lessee.
Contracts entered into by Lessee with contractors and subcontractors in connection with operations under this lease shall not rei ieve Lessee of any of his responsibilities under this lease nor act as a waiver by City of any of the conditions thereof.
During the term of· this lease,, Lessee agrees to increase aforesaid limits or furnish City with additional protection upon written demand by City provided that such increases are found reasonable and necessary by City.
Z.2. CONF'L I CT OF' HITEREST
Lessee hereby states that it is familiar with the provisions of Sections
8.105 ·•n\d 8.106 of the San Francisco Charter and certifies that it knows of no facts which co~£itute a violation of said Sections; it further certifies that it has made a.complete disclosure to Commission of all facts bearing upon any possible interest, direct or indirect, which it believes any member of Commission, or other officer or' employee of City presently has or wi II have in this contract or in the performance thereof, or in any portion of the profits thereof.
23. COVENANT AGAINST ENCUMBRANCES
City covenants that the demised premises are not subject to any 1 len, claim or encumbrance or any other easement lflhich will interfere with tl.e intended use thereof by lessee, and City shall maintain the demised premises in that condition during the lease term.
24. NOTICES
All notices to be given to lessee may be given in writing personally, or by depositing the same in the United States Mail, postage prepaid, and addressed to lessee at the demised premises, 1<1hether or not lessee has departed from or abandoned or vacated the premises. A further copy of any notice to lessee shall be mailed to GBI addressed to 2280 Powell Street, San Francisco, California, and to SFGC addressed to Junipero Serra Boulevard and Brotherhood Way, San Francisco, CaJifornia, or at DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E .. . '
·'
any address hereafter designated in writing by Lessee.
All notices required to be given to City hereunder shall be given by registered or certified mail addressed to Public Utilities Commission, 287 City Hall, San Francisco, California 94102, or at an address to be designated in writing by City.
25. HOLDING OVER
Any holding o,ver of the term hereby created shall be a tenancy from month to month only, at a rental to be determined at such time, and otherwise on the same terms and conditions set forth in this agreement.
26. CHARTER PROVISIONS
All terms of this Lease shall be governed by and be subject to the provisions of the Charter of City.
27. TAXES AND ASSESSMENTS
Lessee shall pay and discharge all lawful taxes and assessments which, .during the term hereof, may become a lien upon or which may be levied by the State, County, or any other tax levying body upon the demised premises or upon any taxable interest of Lessee acquired under this lease, and on any taxable possessory right wh l ch Lessee may have in or to the premises or fac i 1 it i es hereby I eased and o·n the improvements on the demised premises, as well as all taxes on taxable property of whatever nature owned by Lessee and located on said premises.
28. AGREEMENT MADE IN CALIFORNIA
This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of California.
29. TIME OF THE ESSENCE
Time is of the essence of this Lease.
30. SUCCESSORS AND ASSIGNS
Subject the provisions hereof relating to assignment, this Lease shall bind and inure to the benefit of the Successors and Assigns of the parties hereto; and all of the parties hereto shal 1 be jointly and severally liable hereunder.
31. RECORDING OF LEASE
This Lease or a short form thereof shall be recorded following the execution hereof and lessor and Lessee shall each execute and ackno~<ledge a~ short form of this Lease for recording upon'request of the other party hereto. 10 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E .... . . ..
32. SECTION HEADINGS
The section headings contained herein are for convenience in reference and are not intended to define or I imit the scope of any provision of this Lease.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in quintuplicate the day and year first hereinabove written.
APPROVED AS TO FORM:
THOHAS M. O'CONNOR
City Attorney
William F. Bourne
Uti I ities General Counsel
L E S S 0 R
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation,
PUBLIC UTILITIES COMMISSION
Utilities
Authorized by Pub I ic Uti I ities Commi'ssion:
Reso I uti on No. 1.:1 ~?J ;,; I
f,JiJ~ ~(;.) 197~ Adopted: 'tfl-"'/~ ·
L E 5 5 E E
John C. Farrell
cretary and Assistant General Manager,
Administrative
\
·-
To be accompanied by certified copy of resolution of Board of Directors of each lessee authorizing execution hereof.
11 DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
CERTIFIED COPY OF RESOLUTION ADOPTED
AT A SPECIAL MEETING OF BOARD OF DIRECTORS
OF GBI CO}lPANY HELD SEPTEHBER 12 1 1972
RESOLVED, that HALCOLH HACNAUGHTON, JR. and WILLIAM CROWELL, as President and Vice President respectively are authorized to execute that certain 99 year lease between GBI Company and San.Francisco Golf Club as lessees and the City and County of San Francisco as lessors with regard to that right of way adjacent to the Lake Merced Hill project, in the amount of $132,872
* *
I, WILLIAM DIXON, being the Secretary of GBI Company, hereby certify that the foregoing Resolution was duly adopted at a Meeting of the Board of Directors of said corporation, duly held on the 12th day of September, 1972, at which a quorum of the Board of Directors was-. present and acting throughout, and that no action has been taken to rescind or amend such Resolution, and that the same is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said corporation this 14th day of September, 1972.
ffidff~Jd2&J.
WILLIAM DIXON
Secretary
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ,,
SAN FRANCISCO GOLF: CLUB
JNGLESIDE
, SAN FRANCISCO, CALJFORNJA 94127
CERTIFIED COPY OF RESOLUTION
r, Arthur B. Dunne, certify that I am the Secretary of
San Francisco Golf Club and that at a meeting of the Board of Directors of San Francisco Golf Club duly held at 5:00 O'clock p.m., on Wednesday, September 13, 1972, the f9llowing resolution was unanimously adopted by the said Board of Directors.:
. 1972.
RESOLVED that Kenneth Walsh, the President,
·and Arthur B. Dunne, the Secretary, of San Francisco
Golf Club be, and they are hereby, authorized and
directed to execute on behalf of San Francisco Golf
Club an {ndenture of lease between the City and County
of San Francisco, Lessor, and GBI Company and San
Francisco Golf Club, Lessee, wherein and whereby
the Lessor leases to the Lessee a right of way for
pedestrian, vehicle, and other ingress and egress,
parking, construction and maintenance of roads and
other facilities over a strip of land substantially 108 feet wide from the west boundary line of San Francisco
Golf Club property to Lake Merced Boulevard and other
property and rights in said Lease more particularly
described, for a term of ninety-nine (99) years begin
ning October 1, 1972 at a total rental of $132, 872. 00 all paid in advance; and
The terms and conditions of said Lease shall be
those of the draft presented to this meeting, a copy of which is hereto attached, or such other terms and con
ditions as may be deemed appropriate by Kenneth Walsh,
the President, and Arthur B. Dunne, the Secretary, of
this corporation and to which they shall agree.
Certified to, as aforesaid, this /~day Of September,
Secretary, San Francisco Golf-club
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ••
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PUBLIC UTILITIES COMMISSION
CITY ANC COUNTY OP' &AN FRANC:I&CO
.... J ,, ......... .- ~ "': ·1 1
RESOLUTION NCl. I w ' - y .............
.WIOLVID, 7ha~ ~kis CO..issia. bar.by app~ov.• tbe
\41~ uc1 CteAtitloaa AIWl au~oda .. tH o....-al llaaat•~"• ,_.lie v.tli~i•• Ca..isa1oa, to ex•.-t• tba~ o.rtala tt year pupeJ.4 l'itht of way le ... , CJOp1H of wale an .. file vit.h c: tea1oa'• .. o.-uuy, 1awlY1at portio•• of ~ 12, uae .. ol'•a ...... k 7)10, laD ~iiDC1aM{ U aM llltl liD lu flrucd.aCIO tlate&! U.pU'Ueat 1Wavb9 Ito. c- 022, lo Ul C011paay, a C&Ufonia Coqlo&!aU. ea4 saa naao1IJCO Golf Cl..,, a CaUfonJ.a ~r~ aUoa, U IPI•Gia9 OctoNlt 1, 1tll aa4 te.-.la&Uag leptiPI>eJ: :SO, .aon, _. u nahl ~,..,_ ....... 1a ao pay u ~ nat.al
los- ~ ~•eel pu.i .. a fel' tlMt uUn le ... tu. "• •• of flOJ.teJ.tO all of wbicb aball " pa14 1• ...._.. by ~••• d._ ..-.u" of leu• Ul4l liPOil tiM yl'uUat of eppnftl by :...av, it• Mllllapa:, .a. ut c-a. .. ioa, wban appUoule, uct aU ~ p'lbU.c eaUUes 1\&-.iat ~lWia41oUaa 41ftl' ••eh utun of W ... •a Q .. Of Ucl t.p.n¥SPIAt8 lO tbe p...t.... la14 aa of •lOl#t•z.to aad la ed41t1ea te • ... of flt,•lo.to waicb ia to pfl»Yi411 caap•aau .. to t.a CU.y lOW' t.btl eoat. of po .. ible nleaat.J.oa »t Ch:r of -.w.r uct wat:.l' u ... iA l'u"l a, •hall aa. pu• 1a adwaa• il'f t.e••... 'rile wt.a1 a t .. t to be paU 1a au ... e »t r..a .. e wUl be UJI,I7J.Ot. 110 tut:aer ._. •Julll be ... --- 4 .... .--t ..... , u. 1• ..........
1 hereby certify thnt the fOTegoing resolutio'll w<lS adopted by the Public Utilitits Commission .. ·_,-
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E '', . . . : .
Parcel A
Portion of lake Merced Tract, Parcel 55 as described in deed from Spring Valley Water Company to the City and County of San Francisco, dated and ~- ..
recorded March 3, 1930 in Volume 2002, Official Records of the City and Countj,of .
San Francisco at page 1; said portion being more particularly described as follows:~-.·.
Access and utility crossings within a strip of land 108 feet in width described as follows:
COMMENCING for reference at Monument No. 86 in the County line between the.
City and County of San Francisco and the County of San Mateo, State of California, said point being an angle point in the southerly line of the lands described in the Deed from Spring Valley Water Company to San Francisco Golf Club recorded in the Office of the Recorder of the City and County of San Francisco on April 26, 1935,. ·in Book 2785 of Official Records at page 68, and in Book 654 of Official Records of the County of San Mateo at page 49; thence along the southerly and westerly boundary 1 i ne of the lands of San Francisco Golf Club the following courses:
North 82°06'50" West {North 82°01'00" West, Deed) 90.14 feet to Monument No. 85; North 39°52 I 2011 West (North 39°46'30" West, Deed) 107.00 feet to Monument No. 84; o· o North 3 22 1 20'' West (North 3 16'30" West, Deed) 352.00 feet to Monument No. 83; North 19°56'30" West 285.00 feet to Monument No. 82; North 3°33'30" East 349.98 feet to the TRUE POINT Of. BEGINNING; thence from said TRUE POINT OF BEGINNING leaving said westerly boundary line along the line perpendicular to the easterly line of Lake Merced Boulevard North 87°37'36" West 249.18 feet to a point in .said easterly line of lake Merced Boulevard 100.00 feet wide; thence along last said line at a right angle North 2°22'24" East 108.00 feet; leaving s~id easterly line of Lake Merced Boulevard at a right angle South 87°37'36" East 251.41 feet to a point in aforesaid westerly boundary line of San Francisco Golf Club; thence along last said line South 3°33'30" West 101J.'62 feet to the TRUE POINT OF BEGINNING.
Containing 27,032'square feet, more or less.
EXHIBIT A
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E . . • . .
Parcel B
Portion of Lake Merced Tract, Parcel 55 as described in deed from Spring Valley Water Company to the City and County of San Francisco dated and recorded March 3, 1930 in Volume 2002, Official Records of the City and County of San Francisco at page I; said portion being more particularly described as follows:
A strip of l.and for sewer and water I ine pruposes being 15 feet in width lying equally 7.50 feet on each side of the following described centerline:
COMMENCING for reference at the monument No. 86 in the County line between the City and County of San Francisco and the County of San Mateo, State of California,. said. point being an angle.point in the southerly line of the lands described in the Deed from Spring Valley Water Company to San francisco Golf Club recorded in the Office of the Recorder of the City and County of San Francisco on April 26, 1935,. in ·Book 2785 of Official Records at page 68, and in Book 654 of Officia.l Records of the County of San Mateo at page 49; thence along the southerly and westerly boundary line of the lands of San Francisco Golf Club the following courses: North 82.0 06'50" . West (North 82°01 1.00" West, Deed) 90.14 feet to Monument No. 85; North 39°52'20" West (North 39°46'30" West, Deed) 107.00 feet to Monument No. 84; North 3°2,2'20''' West (North 3°16'30" West., Deed} 352.00 feet to Monument No. 83; North .19°56'30" West 285.00 feet to Monument No. 82; North 3°33'30" East 628.00 feet to Monument No. 8!; North 13°13'30" East 416.00 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING leaving said westerly boundary 1 ine North 84°55' West 34.00 . 0 0
feet; South 73 10' West 235.00 feet; North 87 lS'West 77.37 feet to terminal in the easterly line of the Lake Merced Boulevard 100.00 feet wide.
Containing 5,195 square feet, more or less.
EXHIBIT B
)
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E .·
Parcel C
Portion of Lake Merced Tract, Parcel 55 as described in deed from Spring Val ley Water Company to the City and County of San Francisco dated and recorded March 3, 1930 in Volume 2002, Official Records of the City and County of San Francisco at page 1; said portion being more particularly described as follo"ts:
Slope area more particularly described as follows:
COMMENCING for reference at the Monument No. 86 in the County line between the City and County of San Francisco and the County of San Mateo, State of California, said poir.t being an angle point in the southerly line of the lands described in the Deed from Spring Valley Water Company to the San francisco Golf Club recorded in the Office of the Recorder of the City and County of San francisco on Apr i 1 26 '· 1935, in Book 2785 of Official Records at page 68, and in Book 654 of Official Records of the County of San M.ateo·at page 49; thence along the.southerly and •·testerly boundary line. of the lands of San Francisco Golf Club the following courses: North 82°06'50" West {North 82°01 'DO" West, Deed) 90.14 feet to Monument No. 85; North 39°52'20" West {North 39°46'30" West, Deed) 107.00 feet to Monument No. 84; North 3°22'20" West {North 3°16'30" West, Deed) 352.00 feet to Monument No. 83; North 19°56'30" West 285.00 feet to Monument No. 82; North 3°33'3~' East 628.00 feet to Monument No. 81; North 13°13'30" East 423.58 feet to a point in the northerly line of the proposed 15' sewer and waterline easement and the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING leaving said westerly boundary 1 ine along said northerly easement line North 84°55' West 12.77 feet; leaving said line North 4°30' West 21.32 feet; North 31°30' East 61.00 feet to a point in aforesaid westerly boundary I ine of the lands of San Francisco Golf Club; thence along last said I ine South 13°13'30" West 76.42 feet to the POINT OF BEGINNING.
Containing 865 square feet, more or less.
EXHIBIT C
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E • • '1
.. ...
•
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Parcel D
Portion of Lake Merced Tract, Parcel 55 as described in deed from Spring Valley Water Company to the City and County of San francisco dated and recorded March 3, 1930 in Volume 2002, Official Records of the City and County of San Francisco at page I; said portion being more particularly described as follows:
Slppe area more particularly described as follows:
COMMENCING for reference at the Monument No. 86 in the County line between the City and County of San Francisco and the County of San Mateo, State of California, said point being a·n angle point in the southerly I ine of the lands described in the Deed from Spring Valley Water Company to San Francisco Golf Club, recorded in the Office of the Recorder of the City and County of San Francisco on April 26, 1935,. in Book 2785 of Official Records at page 68, and in Book 654 of Official Records of the County of San Mateo at page 49; thence along the southerly and westerly boundary line of the lands of the San Francisco Golf Club the following . 0 0
courses: North 82 06'50" West (North 82 01'00" West, Deed) 90.14 feet to Monument No. 85; North 39°52'20 11 West (North 39°46'30" West, Deed) 107.00 feet to Monument No. 84; North 3°22'20" West (North 3°16'30" West, lleed) 352.00 feet to Monument No. 83; North 19°56'30" West 285.00 feet to Monument No. 82; North 3°33'30" East 628.00 feet to Monument No. 81; North 13°13'30" East 39.00 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING continuing along said westerly boundary 1 i ne North 13° 13' 3D" East 195. 70 feet; I eav i ng said I i ne South .• 24°40' West 151.38 feet; South 4°00' West 45.00 Feet; South 69°30' East 23.00 feet to the TRUE POINT OF BEGINNING.
Containing 3,435 squ.are feet, more or less.
,·:..,.
EXHIBIT 0
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ' ., • & ... -·
Parcel E
Portion of Lake Merced Tract, Parcel 55 as described in deed from Spring Val ley Water Company to the City and County of San Francisco dated and recorded March 3, 1930 in Volume 2002, Official Records of the City and Count'/ of San Francisco at page I; said portion being more particularly described as follows:
Slppe area more particularly described as follows:
GOMMENCING for reference at Monument No. 86 in the County line between the City and County of San Francisco and the County of San Mateo, State of California, said point being an angle point in the southerly line of the lands described in the Deed from Spring Valley Water Company to San Francisco Golf. Club recorded in the Office of the ·Recorder of the City and County of San Francisco on April 26, 1935, . .
in Book 2785 of Official Records at page 68, and in Book 654 of Official Records of·the County of San Mateo at page 49; thence along the southerly, and westerly boundary line of the lands of the San Franci sea Go If C 1 ub the following courses:
Nor-th 82°06'SO'' West (North 82°01'00" West, Deed) 90.llt feet to Monument ·No. 85; North 39°52'20" West (North 39°46'30" West, Deed} 107.00 feet to Monument No. 8lt; North 3°22'20" West (North 3°!6'30" West, Oeed) 352.00 feet to Monument No. 83; North 19°56'30" West 285.00 feet to Monument No. 82; North 3°33'30 11 East 458.00 feet to the intersection with the northerly line of proposed 108.00 foot access and utilities crossings and the TRUE POINT OF BEGINNING; thence from said lRUE POINT OF BEGINNING along said utilities crossings line North 87°37'36" West 35.00 feet; leaving said line North 22°1f3' East 106.63 feet to a point in aforesaid l>esterly boundary I ine of San Francisco Golf Club; thence along last said line South 3°33'33" West 100.00 feet to the TRUE POINT BEGINNING.
Containing 1,750 sq'u~re feet, more or Jess.
EXHIBIT E
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ... ~
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CAUTION: CHECK WITH TRACING TO SEE IF YOU l..ATEST REVISION
CITY AND COUNTY OF SAN FRANCISCO
PUBLIC UTILITIES COMMISSION
SAN FRANCISCO WATER DEPARTMENT
PROPOSED LEASE TO
GERSON BAKAR, INC.
LAKE MERCED HILLS
--....
PORTION PARCE'L 55 SAN FRANCISCO
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A•SISYANT Q~MiliiiAI- loUoNo\IU .• AN.£11 .... I.TANT Ci'tiiEP' I:N01NII:If'lt C-102·2 W. D. SPECIFICATION No. SHEET OF
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E • • •
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ASSIGNMENT OF LEASE
. This ASSIGNMENT OF LEASE by and between GBI COMPANY, a California corporation (GBI), and SAN FRANCISCO GOLF CLUB, a California corporation (SFGC), and LAKE MERCED HILL RECREATION AND MANAGEMENT ASSOCIATION, a California non-profit corporation (herein after referred to as "Assignee").
WHEREAS, GBI and SFGC are lessees under that certain
Right-of-Way Lease, (the "Lease") dated September 26, 1972, by and between .the City and County of San Francisco, a municipal corpora tion by and through its Public Utilities Commission, as lessor, and GBI and SFGC, as lessee, covering certain real property situated in the City and County of San Francisco, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, GBI and SFGC desire to assign the Lease to
Assignee, without warranty, express or implied, from SFGC, and Assignee desires to accept the assignment thereof and assume all obligations thereunder; and
WHEREAS, Lake Merced Hill Recreation and Management Associ ation is the successor in interest to Lake Merced Hill Homeowners Association; and
WHEREAS, GBI has complied with all terms on the lease to date, including, but not limited to, the full payment of all rental consideration ($132.,872.00) of the Lease, and SFGC has no obligations on or under said Lease.
NOiv, THEREFORE, in consideration of the mutual promises herein contained and good and other valuable consideration, the parties hereto agree as follows:
1. SFGC, without warranty, express or implied, and GBI
assign and transfer to Assignee, effective as of June 28, 1976, (hereinafter called "the effective date") all of GBI's and SFGC's right, title and interest in and to the Lease, and Assignee hereby agrees to and does accept the assignment, and expressly assumes and agrees to keep, perform and be bound by all the terms, covenants, conditions and obligations, required to be kept, performed or ful filled by the Lessee thereunder, including, but not limited to:
(a) use, operation and maintenance of the Improvements referred to in paragraph·4 of the Lease, (b) compliance with laws and regulations as provided in paragraph 7 of the Lease, (c) protection of pipeline appurtenances as set forth in paragraph 9 of the Lease, (d) procure ment and maintenance of insurance as contained in paragraphs 20 and 21 of the Lease, and (e) payment of taxes and assessments as pro vided in paragraph 27 of the Lease.
2. The Assignee agrees to indemnify and hold harmless
GBI and SFGC, their officers, directors and members, jointly and severally, and their successors and assigns from and against any and all liability and obligations of any kind whatsoever arising under or in connection with the Lease on or after the effective date, with the exception of those liabilities or obligations which arise after this effective date based on prior activities, conduct, action or other wrongful conduct by GBI and SFGC.
3. GBI (and not SFGC) agrees to indemnify and hold harm less the Assignee and its successors and assigns from and against
1. DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E I ,
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any and all liability and obligations of any kind whatsoever aris ing under or in connection with the Lease prior to the effective date of this Assignment, or from liability and obligations imposed after the effective date of this Lease as a result of prior action, activities or conduct of GBI and SFGC.
4. The terms and provisions of this Agreement shall ex tend to and bind, and inure to the benefit of, the parties hereto and their respective heirs, executors, representatives, successors and assigns.
Agreement
11 GB I"
corpo
By
IN. WITNE~ WHEREOF, the.J?~;;:es hereto have executed
th1s tAP~ day of ~~ , 1976.
, a California ,
"Assignee"
LAKE MERCED HILL RECREATION AND
MANAGEMENT ASSOCIATION, a
California non-profit ~ration
By :s:;j\b e .L)h_~~
Its 5£~-<LSif·,~
CONSENT OF LESSOR
this
The undersigned, lessor under the Lease hereinabove referred· to, does hereby acknowledge and consent to the foregoing assignment of said Lease and agrees that all notices required by Lessor to Lessee shall henceforth be given to Lake Merced Hill Recreation and Manage- ment Association at M e Blvd. san Francisco CA. , or
such other place as it may esignate rom time to time.
Approved as to Form
CITY AND COUNTY OF SAN FRANCISCO, a
municipal corporation, PUBLIC UTILITIES
COMMISSION
By -----?'~~~~~~~---
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recorded f!.Jrc.h 3, 1930 in Volume 2002,. Offi.c:iul f\ccords of the Ci.t.Y and to,unty~of_ ·.~ .. . ·... "'' . "' •'' ... :.:
San Francisco at page: I;
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said portion being more pilrticul.:~rly described as~Jollows~.: ~ ::
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Access anrJ uti·lity crossings within a strip qf land 108 feet in width·'<. ·.described as foll~Jl: ,. · ' '. ;:_"'}:.::~;_~;~:.':~~· • •
... COWIENCING for reference at Monument Nu. 86. in the _County 1 ine bet~1een ·the·:::· _•,· ·· ....... ,.~-· ·, .. ·-~· City and County of San Francisco ilncl the County of San Mateo, State o_f Califo~ni_;t;:;_;:.;_/·. · l • • II ' • •'' '''·'''' ,' '•. ~• ~''
said point being an angle point in th¢ southerly I in~ o.f the. larid·s aescrii;;s::i~ .the.·::·:· .. l • . ' .... ~ ... • ·.:;,·.~-· ·_ .. • •
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Deed from Spring Vall~y-Water Company to.San Francisco Golf Club recorded ·in the :<f'"·.._, .. · .• ' . '.·. ·: .· .... · ·" ... ~·.:~·:~·:.··:·~ .... : .. '\;..:··-~;' Office· of .the Recorder of the city and County _of San .Francisco on-.Aprll 26: '1.935~--: --:z. ' •: I . · .... · . ..· ···:~:' .·2,:;_:;:...-·,~.'!:)'.J.-~ VI. ! in eook 2765 of Official Records at pa.se 68, and In Book-.654 of Off,ic:.jal Rec;o!'11s.'· '/:;..~·.:·_. ~ . , . , ... ~ . . . ,· ::· ~ . - . - -:· :: ·: ':·· . :·· ~· .. :: _; ·. -~~·:·~.';:". :"'' ~-.. ·~. ~· r of the County .of San Mateo at. page 49i thence along the southerly and ~~~terly:J_:· .. i:\~,.-:.:-,'~:::-'.- (. boundary :line of the l~nds of- S~~ .Fr~nci·s~.CQif Club the.fo~l;~~g c~~;ses:· .• =: i:'{ '):~~· t . . 0 . ' . ,·. . . : :, : .:~r- ',\f.'1 .. f~: .:. ~
North 82 OG'SO" \lest (Uorth 82°01 'OO" West. Deed) 90.14 feet to Monument No. 85; .. · :,·.!~· • ..
l!orth 3:1°52'2~" Wen (North 39°46'30" \Jest. Dc::d) lO];oo ;eet to ,Konument' ~a'~:·:,;;~~ ... ;\_ .. _,:~-::.:- ;i • ' ' ' • . ' • • .•. "' .. ;J.". . ~ • ' ..... .:. • • t. • North 3°7.2'20" West (North 3°16'30"1/cst, Deed) .352.00 feet to Hcnument No. 83;··.- .-~ ..• ; · .. f· ' w~ • ,.. "'~',• \ ' f'
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ltnrth 19 !;6'30" West· 285.00 feet to llonument tlu. 82; ·r:orth 3 33'30" East 343.~8 feet . . ·:•,;' . -~- • I • .• •
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<·: L9 .the ·TRUE _I'O!IlT OF· UECINIHNG_; thence from .said TRUE POI:U llF BECINNHIG l'eavi~g ~ ... ·::·:·t;.. ~ :~ _ s.-.id westerly boundilry I ine along the line perpendicular to the._ easterly. line oft ::<,". .c .. ? ".: .Lak!.! ttcrccd Seulevard Uorth 87°37'36" \lest 24!).18 feet to a point in .. .sai·d easter!£;:._~)'~.. I· :·; line of Luke _Mcrccd lluulcvard HlO.OO feet· wid.:; thence along last said line at- a· ·.·,., ·'; ~ ". righ~ ;nglc North 2°22'2'+" E<Jst ioB.OO feet; lt:oving said easterl-y line o; lake·':~ ·:::J.:. -: -;·;,j.· r . . . . . . ;·N~. ..: : . ~ t·
·· 'tt.:rc;cd !lnulev11rd at-<~ ri!)J•t <Jng~c South 87°.37'36" East 251.41 feet to a ~~f~t.lilo. ,;_: -;io~: ,._I· . . ... -........... ·. ' . af>lrcsaid ~JCHerly boundilry I inc of San Fr.:~nctsco Coif Club; thenc:e along}ast. ;;aid __ .-:.;·.·'.-~ r f Hne South 3°33'30" Vest I08.0l feet to the Tnl.:E POI!IT OF !lEGINtHNG •. ·• < ·.r:~] :.?., . l ·.
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Containing 27,032 square feet, :o~e or less. .. · "·:_;:;~ 1:.:~ -~.;~;·;. :]' ..
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V.1llcy Water Cotn(.l."llly to the City and County of S.:~n Fr.incisco· <lilted .1nd recorded • -· . .;. •·· ... •' • -: •• 4'!
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Official Records of tl"lc City and County:of, San· Fr<lnc.isc~ . ' .: .. . . . . . . ~ . ,.:·~.;(_~· ... :: ~··
at pilge I; ·s;:tid porti.on being mnre partic.ulurly: de!>cri.bed <~;; f(ltlo1-;s::'\ '· ' .,,. ·" ' ' ' • ' ~ o ',~ I " • • ~ • • .~ ~· ~
A strip of lilnd fur scl;(!r and'l·tiltc~l-ine pru.pos~s being IS 'feet. in:; .. ·~:'·:~·,;.·;·-:.;··:;_ . . . . . . . ~ ' , :~:· . \' . :.: · .. ... • ' ' ,Jo ' ....
,~idth lying equally 7.50 fcc't on e<Jch side of'the fol.Jow>ng dcscr,ibed cent"!r'lin~ ... ; ..... .-·- . .. ·: . ./. ·... ~· ··t.•·:~ . . · "'::·:. . ,! • t, .
CONMEIIC !riG for refe.rence il t the.'monumen t .llo •. 8~ in the. Co.u~ty '."(i ne'· be twee:'ri:~ ·~ "~·'. . ... . . . . . ~ .., ' - ' ' . ···. .· ·. ·.. " ··-·~ -:· .. ;,
the City ilnd County of S.1n Fr<lnc:isco and the County of San·Hateo·, ~~ate, ·of C:'[ll._ifor.nia';.-.·. . • :·· • • ., ,,; -~.. : . .;'. -· ·. ~ · .. : • .• lt.. • •..• , . .. ~ .. ,. ,_~.,-!-... ,..
silid point being an <:~n;;tle point in the southerly I ine of ·th~· lands described. 'in .. th~ ~ •. ;, • • • ;-.... ,'1 t }• .:-' .. :··.r:_ •.. .-~_-: ~- :·.
Deed 'from Spring V<:~lley W<~ter Company to San Francisco ,Golf Club recor'ded)n·:~lie'·:~~. /.":;· . -. '!:~·_ ... • ,'l :,-·~-~.;. :~ .. -.· ,,:_
Office of th~ Recorder of the City and_ County of San Franc.isco on' April ·z&-:·~1935~·' in"' .. ,. . . ·:: . ._. ...... : , ' . : . . er• ._ .. ·• )~~: ~.>,~-.-~· .;;;_~~~··· ...
Book 2785 cif Official Records at page 68, and in Book·6Slf of Official Rec:ord$·cif,. -:_ .. : ·: ·. .... . . ;~ ~-:.. : .. f.:i ... ~ ··: . : .~- ~;· ........ >(:.;.· ~ -~! .. '; -:. the County of San Mateo at page 49; thence along the. south~·i-ly.and westettv bbunc:fary~·t:·· .. > • • ',o·•, •:. • •. • I ,•' "" ., •, ~--~~-.~.:·-;·~. ':'.t!- ~ " line of. the lands of San Fran(;isco Coif-Club the foll01•ing ·courses:·'T_tlorth:82 06'-SO":i,~·.:. • • • :- : ~9 -.;..,.· ·:.- :: • .... : _.· ... \;;~ ·:.: •• ·"'':~_-.,~--~-~::"'~·- •• -.
West.· (north 84°01'00" West, Deed). 90: lli fee_t i:o Monument flo •.. SS; North 33 ... 52'ZO'~.Vest · .' ' . 0 . , ·. . .. ·- ; . , .·» •. _..-. :· ..... . ~: ~ . .. ··~':::.:: ' -:';·- • ._.'-1f.~"'.i;~f.v.' (l~orth 39 46'.30'.' West, Oeed) 107.00 feet to Monument lfo •. 84; .North·~ Z~_'20't W~~~:~:"'~," -.~ ·. (north i 116'30" West~ Oecdl 3S:z.oo feet.to Monum~nt ti~.' 83; ~r~~ 13°56;]ohw~·~'t: ~~r ·· ·.· . .. . . •• ' • • > ~- ~. ; ' • :":"- '' ;
285.00 feet to Monument llo. 8Z; llorth J0 3l'30" East 628.00 feet tG Ho~um,nt!'tlo. Si~;,.:, .·. • ' < ' • • ' ' M '.• ··.::.:-~-· '• -~ •::.; ... ::': "(' l{orth IJ
0 13'30" Eilst 416.00 feet to the TRUE POI.NT OF.BEGIWWIG; .. _thence fr9m',s:iicf.:· .-'·:, ·: · ~ . ·TRUE POINT OF 8EGIIUIING le<~ving s<~id westerly .bourida~y line North 84°;5·' .West·;3~,·~~· .. ~·'. ! Feet; _south 73°10' West 235.00. teet.; North 87°15'\lest 7;.3l. f.~et: t~ i~;i~al··!~'"!~~-;·:r ·.it . easterly line of the L<~ke Merced Bouleval"d·IOO.OO feet ~tide.: ·' .·~_::~-.. -~.?:r ... >.~.·~.~,·~··.f··-~~:._,rf Conlaining_ 5,195 square: feet, more: or l'ess.· . .. .. •. . . . .. · . . . ~~ :;.. . ,• .. ,··· ... :,.-~.,. ...... ~
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,-valley \.l.ater Cm:'l'""Y to the City and County of San Francisco d.:~tcd i!nd,.rccordcd ·~ .. ' · .... ~ .. . ,. . ...
Hurch J, I:JJO iu Volume 2002; Offici.:~l Rcc.ords· CJf the City and County of .. ,.' .·
.
So~n Fr.:~m.:isco .:;t p.:~gc I; said pc;rt.lon bdn!J mo.r~ p.:~rticularly dcsj:ribcd iJS folio·,,~:' .. . Slope .:~rca more l'articularly described '<ls, fol IOI'IS':
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·cor.:IENCIHC fur refcrcncc ilt thc Homuncnt flo .. 86 in the Co~nty l_ine, bct~1een · ·'· .. •·. •.
th,; City and County of SJn Francisco and 'the_ County of ~an ltatco, State. of .. Cai iforn1~·, ' ,:
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said poir;t bcin!J aiiangle point .in the 's_outhcrly line of ,the -lands -describeci.-in~ the.,;·, ... _ . . . ·.. :. . ':· ~. \. ~ ·.~.f.:~~:~- .~.:.~~ . . ·>:
. Oced frQ_m Spring Villlcy Water Company to' the San Francisco· Golf Club recorded 'ln ~-~- ,.,. . . ·; • ,: • ' .. · \..- . .~,.;;,·::.#'. --.~· , .•• ' . ..• ... . ;• . I ··thil'OI'f;;;..,; ... ~ ;.;,,. ; • ..:o.usuo:• ui :'ne 1..i1:y ilna L.ounty or :><ln ~ranc:isco on AP.ti1_26, .. ._i~JS, .•... :. · ! ··,' ' ' .. ~·-· ... _:.;:~~.-:··::y .. :'i'"':-. !
in· 6ook 278S.of Offic:i.ul Records at page GB, ·and in Book 654 of·Offic:lai.Re~ordS: of'"".' ·. ; .. · ~ .:~. ' ~,-. : . .:.,: •• :· :"·,¥-(·:' ~·
. ·t th~ CQu~ty of. San Mat-eo at page 43: thence ulong the so~therly and westehy·:·bou~da'hf •. < :r ~ • ·: •••• ••• ..... ,. .. : .·!. ..... #· ··.. :r.
line of the lands of San Francisco Golf .Club the f_ollowing courses: fic;;.C:th ·az0o6'So"':·•l<,:,. _:. ,~ West (North 82°01'00" West, Deed) 90.14 feet to Monument llo. BS;,,No~tl/39~52'20;;· ·w~~t::::;: ii • • •• : • •• ··~ :·· •• :_;._ ~ •• '1 ••• -~-~->.,;;.I .. ··~ .~· .,:.•,_: .... ~.: .. '.· .:
(North )9°46'30" ~est. Deed) 107.00. feet_ to Nonument tlo. 84; llorth 3°2Z'20 .. ;tien:::'.: .. . ··"';1, { .·., : . '·.· .·<·.·.· .... ···. ~·"'.-:· .. :._:·.·~.:·-.,·:~·.&.~·:- .. ~ .. :
·. (llorth 3QIG'30" \lest, Deed) 352.00 feet_ to Monument tlo. 83; tlorth .HI 56'30" ·Ye$t:>,_:., ,: : ' ·. . ' ··.: .. : . '"·· .... :": . :., ...., .
285.00 feet to Monument tlo. 82; ilo'rth 3°33'3C'' East 6z8.oo feet to Horiu~ent}lo~·.ai'~:·;·-,~~~'-. • . ;:, . . .. .. . ... >. ·; ·~ ·: .· : . ·. :,:. .·.' ·Harth 1)0 13'30" E.1st 423~5& feet to a ·point in the nQrtherly line of the propos.ed ··:· .. · · f # ' ' . '· ·:·· • ..••••• ; ..... :.- .·:~·-··:· ~~~!~·· . .<:~·· . . :1 . 15'-.sewer and watcrl ine easetnent an<i the .TRUE POUlT OF BECINIIINC; thence. fr01:1 • ,.; . i:
• ,. ' ' ... ~· ; . '• ~.· .. ·.: ': .: ~ l ·Jti:· . . :, ::. said .TRUE.POWT OF !l£Gitl:llNC le.1ving said westerly boundary line along said' _ .. · ..,....-_ .. :· !: . . . . . . . ' . ' . ., . " ' . . . ' ~ ' . -: .. :: ,; . northerly easc:r.tent line North 84°55' West 12.7] feet; lea'lirig said Jine·N~·rth 4°30'.· "-.· :. . . .. ., . :· .••. ~~-.- t· .. ·~·
Won 21.32 feet; North 31°30' East 61.00 feet ta a point in afur~afcl wes.terly-' .: / . ;~ ._.'); . . ·. . . ;-"·- ,,2;: ~-:....; ·'· ~.
boundary I ine or the lands of San .. Fr<lncisco Coif Club; thcnc:c along·last_:said .. ; __ : ~:::.. ·, . j<: . . • , ··, •• •• '• .: ', ~;-<;~/• •• ; 0 . . . . . : ' .' . lin.: South 13 13'30" \-lest 76.42 feet to the POINT OF SECitlNING •.
Containins 865 squ~rc feet, ~re or less.
page 3 o£ 5
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Spring Vall..:y ;Iuter Company to. the Ci.ty ilnd County of San Frilnc:hco d~tcd an'd. . . . . ro:cor<.led Mdrch 3, 1930 in Volume 2002; Offici<~! ;Records of ·the City and County .. •, I' •
of Sa~ Franci:;c.a "t p.:~ge 1; said port jon bci.ng more pilrticularly described .:~s · .. ~
.. . ' . . ,: Slofe o:rc.il more particularly described' as follo>~s:
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boundary·! in'? of 'the lands of the San Francisco Golf c.lub the follawin.g c:ourses: · · ... · , . , .. ·.~ · ',.. " .
North 82°\l6 1 5t)" West ·(!lonh 82°01'00" West, Deed) 50.14 feet to Honur.:ent No. 85:
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· N9rth 39°52'20'~ W;;.st, (North 39°1!6'30" West, Deed) 10].00 feet t~·/'lonu.."u:inc·No •. 84; " .. i· ' '• ''• . ''
No~th 19°56'30 ... West 285.00 feet to Honume~t No. 82; No~th 3°3~'30'; East 45a~oo ~·
fut t'o the i~ters~ction with the no~therly .I ine .of proposed 108~00 .foot·ac:cess ···.' . ' .. ',,,
and utilities cros.sings .:~nd the TRUE POUiT OF &ECIIItliiiG; thence f'roo said TRUE · . ' . . . - . .
POINT OF llECIUNiliG alo~g sOlid utilities. crossings line North S7°37'36" West 3·s.oo'f~et.i leavin~··said Unci North 22.0 1•3' East 106.63 feet to a point in aforesaid westerly . . .·.· West: 100.00 feet to the TRUE.'POHtT BEGINNUJC.
. Containing 1,750 squurc feet, more or less •
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page 5 of 5
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DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E ~·>. ( t
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PUBLIC UTILITIES COMMISSION
CITY AHO COUNTY Of!' aAN l'ffANCiaCO
RESOI..UTION No.fJ1::.~1.-~
WHEREAS, By Resolution No. 72-0311 adopted on September 26, 1972, this Commission approved a 99-year prepaid Right of Way Lease to GBI Company and the San Francisco Golf Club for purposes of roadways, landscaping, utilities and other uses related to the residential development on adjoining property; and
WHEREAS, Section 15 of said Lease allows Lessee to assign its interest therein to Lake Merced Hill Homeowners Association; and
WHEREAS, Lake Merced Hill Recreation and Management Associa tion is the successor in interest to Lake Merced Hill Ho~owners Association; now, therefore, be it
RESOLVED, That this commission hereby authorizes the
execution of an Assignment of Lease (copies of which Assignment are on file with commission's Secretary) between GBI Company, San Francisco Golf Club, Assignors, and Lake Merced Hill Recreation and Management Association.
I hereby certify that tl~t foregoing resolution w"' adopted by ll>e Public Utilitie~ Commission at ic.s metting of
S&Pr£:.#{8£;(( i 3,. ,qfn;: :: :,L f} ../\l:;~;~j
_._--_ &aiia-,.::; 4;;-J"ASS;&unt (k;;eraiMaoog•r---
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DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
EXHIBIT D
Form of License to Use Media and Release
[see attached]
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
LICENSE TO USE MEDIA AND RELEASE
The undersigned grants to City and County of San Francisco, acting by and through the Public Utilities Commission, and its and their successors, assigns, licensees, and representatives (collectively, “City”) a perpetual, unlimited, worldwide, absolute, irrevocable, non-exclusive, and royalty-free license and permission (this “License”) to use, display, modify, publish, distribute, and create derivate works of, the photographs, film, video, audio, graphic, transcripts, depictions, recordings or other media content described below, in any and all forms and media and in all manners, including without limitation composite or distorted representations, whether produced by standard photographic or film/video techniques or by computer or other means (the “Content”), which may include City’s use of the Content on its websites, publications, media and other public forums for advertising, trade or any other lawful purposes. The undersigned waives the right to inspect or approve any work or product that may be created by City using the Content. The undersigned acknowledges and agrees that City is and shall be the exclusive owner of any and all of its works, materials and publications containing the Content, and agree that City may seek in its own name copyright registrations in or relating to all such works, materials and publications.
The undersigned releases, discharges and agrees to indemnify, defend and save harmless City, its commission members, officers, agents, and employees from and against any and all claims, including but not limited to copyright infringement, defamation, rights of privacy or publicity, related to the City’s use of the Content. The undersigned represents and warrants that it is the owner of the Content, and by signing below the undersigned agrees to the terms of this License. The undersigned further warrants that he/she: (i) has read the entirety of this document prior to its execution and is fully familiar with its contents, and (ii) is of full legal age and has full legal capacity to execute this License.
The “Content” is the following: ____________________________________________ _____________________________________________________________________________ _____________________________________________________________________________
_______________________________
Full Name (Printed)
_______________________________
Authorized Signature
_______________________________
Printed Name
_______________________________
Address
_______________________________
Date Executed
_______________________________
Date
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E
SFPUC LICENSE NO. P4199A
EXHIBIT E
Site Rules
1. Licensee will not allow any third party to rent the License Area or use the License Area except in conjunction with maintenance and repair of the License Area.
2. Alcohol use is prohibited on the License Area.
3. Licensee will not allow amplified sound to cause a nuisance at the License Area.
4. Licensee may advertise the License Area to Girl Scout program users on Licensee’s website provided that the website identifies the owner of the land as being the City and County of San Francisco.
5. Licensee must regularly remove all trash, composting and recycling (together, “Refuse”) with such Refuse stored in appropriate containers designed for such purposes.
6. City reserves the right to make other and reasonable rules as in its judgement and may from time to time be needed for the safety, care, and cleanliness of the License Area, and for the preservation of good order.
7. Licensee will be responsible for the observance of the Site Rules by Licensee’s employees, agents, clients, customers, invitees, and guests.
DocuSign Envelope ID: 58FF10AA-F294-4A2E-99AD-AD2B796D111E