Amended and Replacement Memorandum — CleanPowerSF Sfpuc Commission, April 11, 2023

DEPARTMENT Power Enterprise AGENDA NO. 5g
MEETING DATE April 11, 2023
APPROVAL:

COMMISSION
SECRETARY Donna Hood

AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Authorize Amended Memorandum of Understanding: Consent Calendar Project Manager: Manuel Ramirez
Authorize Amended and Replacement Memorandum of Understanding regarding the Sunnydale HOPE SF Project
Summary of
Proposed
Commission Action:

Authorize the General Manager to execute an Amended and Replacement Memorandum of Understanding (Amended MOU) with the San Francisco Recreation and Parks Department (SFRPD) to modify the use and term of the origin al Memorandum of
Understanding (MOU) approved by the Comm ission. The Amended MOU would allow the SFPUC to use the electrical facilities at McLaren Park to serve the Sunnyda le HOPE SF project until energization of new facilities that will be used to provide permanent power or until the SFPUC determines that they are no longer needed to serve the project.

Background: On Janua ry 9, 2018, by Resolution 18 -007, the Commission authorized the General Manager to execute an MOU with SFRPD for the construction, operation, maintena nce, testing, repair, and replacement of a temporary overhead line connecting to a Pacific Gas & Electric Company (PG&E) line immediately south of Sunnydale Avenue to maintain electrical service to existing buildings and tenants of the Sunnydale-Velasco Housing facilities. The temporary overhe ad line was needed, installed, and continues to provide power to enable the phased demolition of existing buildings at the Sunnydale-Velasco Housing project and the construction and development of new buildings for the Sunnydale HOPE SF project.

The SFPUC has been providing power to buildings and tenants of the Sunnydale-Velasco Housing f acilities through a n existing Wholesale Distribution Tariff (WDT) service. The initial phase of the Sunnydale HOPE SF redevelopment project includes new permanent buildings at Parcel Q and Block 6. To serve the new developed area, t he SFPUC intends to replace the existing WDT with a new WDT service located on Harmonia Avenue ( Harmonia WDT) . T he SFPUC submitted an application to PG&E for the H armonia WDT in August 2018.

Agreement: Authorize Amended and Replacement Memorandum of Understanding regarding the Sunnydale HOPE SF Project
Commission Meeting Date: April 11, 2023

However, until PG&E energizes services for the Harmonia WDT , Parcel Q and Block 6 are be ing served from the existing WDT.

PG&E’s delay in processing the Harmonia W DT application continues to impact the construction an d development of Sunnydale HOPE SF proje ct, a nd currently is affectin g the co nstruction of the new affordable housing buildings at Block 3A and Block 3B.

If this Amended MOU is approved, the project developer will extend the electric f acilities from McLaren Park to H ahn S treet near Harmonia Stre et to provide power to the new Sunnydale HOPE S F building at Parcel Q and Block 6 un til PG&E approves the Harmonia WDT application and energizes the new switch gear, and remove the existing PG&E poles that are impeding construction.

SFPUC and SFRPD wish to modify the MOU to allow the SFPUC t o continue to use the facilities that were cons tructed under the original MOU to provide electric service to the Sunnydal e HOPE SF project until the later of December 31, 2027, or such time as PG&E energizes the Harmonia WDT service and SFPUC determines that the facilities are no longer needed to serve the project.

Description of
Agreement:

The Amended MOU will allow the SFPUC to use the facilities at McLaren Park constructed under the original MOU to serve buildings at the Sunnydale HOPE SF redevelopment project and wil l increase the term of the MOU.

Parties to Agreement: San Francisco Public Utilities Commission and San Francisco Recreation and Parks
Department
Purpose: Modify the use of the origin al MOU to
include some new buildings at the
Sunnydale HOPE SF project and to extend
the term.

Location: SFRPD Proper ty, McL aren Park, between
the Glen Eagles Golf Course Driveway and
2050 Sunnydale Avenue , S an Francisco,
CA
Commencement
Date:

Upon execution by both parties.

Result of Inaction: A delay in authorizing t his MOU will impede the ongoing construction of new affordable housing units at the Sunnydale HOPE SF project.

Budget & Costs: The estimated cost of the amendment to the original Memorandum of Understanding is $0. Some additional facilities at the Sunnydale HOPE SF project will be constructed by the developer purs uant to the terms and conditions of the SFPUC Rules and Regulations for Electric Agreement: Authorize Amended and Replacement Memorandum of Understanding regarding the Sunnydale HOPE SF Project
Commission Meeting Date: April 11, 2023

Service and certain agreements being negotiated between the SFPUC and the developer.

Schedule: The original MOU commenced on January 1, 2018, and the Amended MOU revises the term of the original MOU to now terminate upon the later of December 31, 2027, or completion of a new electrical switchgear that provi des full service to the Sunnydale project and determination by SFPUC that the overhead facilities constructed at McLaren Park as part of the original MOU are no longer required.

Environmental
Review:

On December 12, 2017, the San Fr ancisco Planning Depa rtment determined construction and operation of the temporary overhead line to be categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines section 15303, Class 3 (New Construction or Conversion of Small Structures) under Case Number 2017-015857ENV.

On July 9, 2015, the San Francisco Planning Commission ce rtified the Final Environmental Impact Report (FEIR) / Environmental Impact Statement (EIS) for the Sunnydale -Velasco HOPE SF Master Plan Project (Case N umber 2010.0305E) by Motion No. M -19409. The FEIR was composed of the Draft Environmental Impact Report (DEIR) and Response to Comments Document . On November 17, 2016, the Planning Commission approved the project, and adopted the CEQA findings, including a Statement of Overriding Cons iderations and a Mitigation, Monitoring and Reporting Program (MMRP) by Motion No. M-19784.

On June 16, 2016, the San Francisco Planning Department issued an Addendum to the FEIR for the development of an additional residential building on a site known as Sunnydale Parcel Q.

The Sunnydale HOPE SF project developer will extend t he SFPUC facilities to provide power to the new Sunnydale HOPE SF building at Parcel Q and Block 6. This work is within the scope of the project authorized under the FEIR and Addendum.

The Categorical Exemption, DEIR, Response to Comments document, EIR Addendum, Planning Commission Motion s M-19409 and M - 19784, and the CEQA Findings and MMRP can be found here:
https://sfpuc.sharefile.com/d-s7d2eb2dea7f84ef69a093c1e520f6371

Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.

Attachment(s): 1. Commission Resolution 18-0007

2. Amended and Replacement Memorandum of Understanding

3. Exhibits and original MOU

PUBLIC UTILITIES COMMISSION
City and County of San Francisco

RESOLUTION NO.

WHEREAS, The San Francisco Public Utilities Commission (“SFPUC ”) and the San Francisco Recreation and Parks Department (“SFRPD”) are departments or divisions of the City and County of San Francisco, a municipal corporation (“City”); and WHEREAS, The City owns certain real property known as McLar en Park that is under SFRPD’s jurisdiction; and
WHEREAS, The SFPUC has ju risdiction over and operates and mainta ins the Ci ty’s municipal electric distribution and service facilities; and WHEREAS, The Sunnydale H OPE SF project, adjacent to McLaren Park, is a multi- phase project in which residents of the existing buildings at Sunnydale-Velasco Public Housing will be moved to ne w buildings to allow demolition of all the existing buildings and the construction of new buildings; and
WHEREAS, The City and the San Francisco Housing Authority desire to mainta in electrical service to existing buildings at Sunnydale- Velasco Public Housing project during the development of Sunnydale HOPE SF project; and
WHEREAS, To that end, on January 9, 2018, this Commission adopted Resolution 18- 0007, authorizing the General M anager to execute a Memorandum of Understandi ng be tween SFPUC and SF RPD (“MOU”) authorizing SFPUC to install a temporary overhead line within McLaren Park to connect to PG&E’s existing distribution line immediately south of Sunnydale Avenue, consisting of four poles, an underground 4 kilovolt (“kV”) electric distribution line, and appurtenances such as underground boxes and vaults; and WHEREAS, The SFPUC has been using those facilities to provide electric service to the existing buildings and tenants at Sunnydale-Velasco Public Housing; and WHEREAS, The SFPUC has also been providing electric service to the new building at Parcel Q and Block 6; and
WHEREAS, In August 2018, the PUC submitted an application to Pacific Gas & Electric Company (“PG&E”) for a new 12 kV s ervice on Harmonia Street, which would be the power source for all new buildings and tenants within the Sunnydale HOPE SF project; and WHEREAS, PG&E’s delay in processing the application is impacting the construction of the next pha se of the Sunnydale HOPE S F project, namely Block 3A and Block 3B , because certain PG&E poles are impeding the construction; and
WHEREAS, U pon approval of this Amended MOU, the SFPU C and the Sunnydale HOPE SF project dev eloper will extend the SFPUC’s f acilities from McLaren Park to H ahn Street near Harmonia Street to provide power to the new Sunnydale HOPE SF building at Parcel Q and Block 6 and remove the existing PG&E poles that are impeding construction; and

WHEREAS, On December 12, 2017, the San Francisco Planning Department determined construction and operation of the temporary overhead line to be categorically exempt from environmental review under Cal ifornia Environmental Quality Act (CEQA) Guidelines section 15303, Class 3 (New Construction or Conversion of Small Structures) under Case Number 2017- 015857ENV; and

WHEREAS, July 9, 2015, the San Francisco Planning Commissio n certified the Final Environmental Impact Repor t (FEIR) / Environmental Impact Statement (EIS) for the Sunnydale-Velasco HOPE SF Master Plan Project (Case Number 2010.0305E) by Motion No.

M-19409; and

WHEREAS, On November 17, 2016, the Planning Commission approve d the project, and adopted the C EQA fi ndings, including a Statement of Overriding Considerations and a Mitigation, Monitoring and Reporting Program (MMRP) by Motion No. M-19784; and

WHEREAS, On June 16, 2016, the San Fr ancisco Planning Departmen t issued a n Addendum to the FEIR for the development of an additional residential building on a site known as Sunnydale Parcel Q; and
WHEREAS, The Sunnydale HOPE SF project developer will extend the SFPUC facilities to provide power to the new Sunnydale HOPE SF buil ding at Parcel Q and Block 6; and this work is within the scope of the project authorized under the FEIR as modified by the Addendum; and

WHEREAS, The San Francisco Planning Department is the custodian of records, l ocated in the file fo r Case Nu mber 2010.0305E at 49 South Van N ess Avenu e, Sui te 1400, San Francisco, California, 94103, which have been made available for review by this Commission and the public, and those files are part of the record before this Commission; and WHEREAS, This Commission has reviewed and considered the information contained in the FEIR and the Addendum, the CEQA Findings and MMRP contained in Planning Commission Motions M -19409 and M-19784 and all written and oral information provided by the San Francisco Plan ning Depa rtment, th e public, relevant p ublic agencies, San Francisco Public Utilities Commission staff and other experts, and the administrative files for the Project; now, therefore, be it
RESOLVED, This Commission finds that the record as a whole is adequate for its use as the decision –making body for t he Pro ject and incorporates the CEQA Findings and MMRP contained in Planning Commission Motions M -19409 and M-19784 by this re ference thereto as though set forth in this Resolution; and be it
FURTHER RES OLVED, Th is Commiss ion further finds th at since the FEIR and Addendum were finalized, there have been no substantial Project changes and no substantia l changes in Project circum stances that would require major revisions to these CEQA docum ents due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the CEQA documents; and be it

FURTHER RESOLVED, That this Commission h ereby authorizes the General Manager of the San Fran cisco Publi c U tilities Co mmission to execute an Amended and Replacement Memorandum of Understanding with the San Francisco Recreati on and Parks Department to expand the use of the SFPUC facilities at McLaren P ark, and extend the term so that the Amended and R eplacement Mem orandum of Understanding will terminate u pon the later of December 31, 2027 or completion of a new electrical switchgear that provides full service to th e Sunnydale HOPE SF project and d etermination by SFPUC that the facilities constructed as part of the original MOU are no longer required, and be it

FURTHER RESOLVED, That this Commission hereby authorizes the General Manager to e nter into any ot her amendments or modificatio ns to the A mended and Replacement Memorandum of Understanding with the San Francisco Recreatio n and Parks De partment that the General Manager determines, in consultation with the City At torney, are in the best i nterest of the C ity; do not materially increase the obligations or liabilities of the SFPUC or materially diminish the benefits to the SFPUC; are necessary or advis able to effectuate the purpos es and intent of the Amend ed and Repla cement Memorandum of Unde rstanding or this resolution; and are in compliance with all applicable laws, including the City Charter.

I hereby certify that the fore going resolution was adopted by the Public Utilities Commission at its meeting of April 11, 2023.

Secretary, Public Utilities Commission

PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO. 18-0007
WHEREAS, The Parties are departments or divisions of the City and County of San Francisco, a municirial corporation ("City"); and
WHEREAS, City owns certain real property known as McLaren Park (the "McLaren Park"); and
WHEREAS, McLaren Park is under the jurisdiction of the Recreation and Parks Department ("RPD"); and
WHEREAS, The Public Utilities Commission ("PUC") has jurisdiction over and operates and maintains the City's municipal electrical distribution and service facilities; and WHEREAS, The Sunnydale-Velasco HOPE SF development project ("Sunnydale HOPE SF"), adjacent to McLaren Park, is a multi-phase project where residents in existing buildings at Sunnydale-Velasco Public Housing ("Sunnydale") will move to new buildings in phases, allowing demolition of existing buildings; and
WHEREAS, The City and the San Francisco Housing Authority desire to maintain electrical service to existing buildings at Sunnydale during the development of Sunnydale HOPE SF. To that end, PUC seeks permission to install a temporary overhead line connecting to PG&E's existing distribution line immediately south of Sunnydale Avenue within McLaren Park, three or four poles to switch from PG&E power to PUC power, an underground 4 kilovolt (kV) electrical distribution line, and appurtenances such as underground boxes and vaults (collectively, "PUC Facilities"), within the agreed upon area ("PUC Service Area"); and WHEREAS, To benefit McLaren Park, the Project will replace and relocate the existing overhead line from the PG&E facilities to the streetlight near the Glen Eagles golf course driveway, replace the streetlight and connect it to the new underground distribution system along Sunnydale Avenue, provide a stub out for a power connection for RPD's new bike skills park, reconnect RPD's building at 2050 Sunnydale Avenue to the PUC Facilities, and install conduit for future communications facilities within the joint trench for RPD's use; and WHEREAS, Accordingly, the Parties now desire to enter into this Agreement to (i) state the conditions under which the PUC shall operate, maintain, replace and repair the PUC Facilities; (ii) confirm the PUC's right to use the PUC Service Area; (iii) state the terms and conditions for use of the PUC Service Area by the Parties; and (iv) confirm that PUC will construct facilities for RPD; and
WHEREAS, On December 12, 2017, the Planning Department determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), Class 3, subsection (d), now, therefore, be it
RESOLVED, That this Commission hereby authorizes the General Manager of the San Francisco Public Utilities Commission to execute a Memorandum of Understanding with the San Francisco Recreation and Parks Department for a term not to exceed nine (9) years to establish and manage the temporary power lines for the Sunnydale HOPE SF project.

I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 9, 2018
.41A1.0k,
Secretary, Public Utilities Commission

1 AMENDED AND REPLACEMENT MEMORANDUM OF UNDERSTANDING

THIS AMENDED AND REPLACEMENT MEMORANDUM OF UNDERSTANDING (this "Amended MOU"), dated for reference purposes only as of , 2023, is made by and between the SAN FRANCISCO RECREATION AND PARKS DEPARTMENT ("RPD") and the SAN FRANCISCO PUBLIC UTILITIES COMMISSION (" PUC") ( each, a "Party" and collectively, the "Parties").

RECITALS

A. The Parties are departments or divisions of the City and County of San Francisco, a municipal corporation (" City"). City owns certain real property known as McLaren Park ( the "McLaren Park"). McLaren Park is under RPD’s jurisdiction and is generally depicted on the attached Exhibit A.

B. The PUC has jurisdiction over and operates and maintains the City’s municipal electrical distribution and service facilities.

C. The Sunnydale-Velasco HOPE SF development project (“Sunnydale HOPE SF”), adjacent to McLaren Park, is a multi-phase project where residents in existing buildings at Sunnydale-Velasco Public Housing (“Sunnydale Project”) will move to new buildings in phases, allowing demolition of existing buildings.

D. The City and the San Francisco Housing Authority desire to provide electrical service to the Sunnydale Project during the development of Sunnydale HOPE SF until the PUC’s permanent electrical facilities have been fully installed and are energized by Pacific Gas and Electric Company (“PG&E”).

E. In or about January 2018, the Parties entered into a Memorandum of Agreement that allowed PUC to install a temporary overhead line connecting to PG& E’s existing distribution line immediately south of Sunnydale Avenue within McLaren Park, up to four poles to switch from PG&E power to PUC power, an underground 4 kilovolt (kV) electrical distribution line, and appurtenances such as underground boxes and vaults (collectively, “ PUC Facilities”), within the area shown on Exhibit A, referred to herein as the “PUC Service Area” (“2018 MOU”). The work to install the PUC Facilities and provide the benefits described in Recital E will be referred to herein as the “Project.”

F. To benefit McLaren Park, t he Project has replaced and relocated the existing overhead line from the PG&E facilities to the streetlight near the Glen Eagles golf course driveway, replace d the streetlight and connected it to the new underground distribution system along Sunnydale Avenue, provided a stub out for a power connection for RPD’s new bike skills park, reconnect ed RPD’s building at 2050 Sunnydale Avenue to the PUC Facilities (the previous connection came from San Francisco Unified School District property across the street and was not to code), and installed conduit for future communications facilities within the joint trench for RPD’s use.

2 G. The Parties subsequently agreed to supplement that agreement by letter dated May 20, 2019 which letter clarified the roles and responsibiliti es of RPD and PUC. The letter is attached to this Amended MOU as Exhibit B.

H. PG&E has failed to install the facilities necessary for the PUC to provide permanent power to the Sunnydale Project in a timely manner.

I. Due to PG&E's delay, the Parties are entering into the Amended MOU to ensure that necessary power is available to the Sunnydale Project until the permanent power is available.

J. The PUC has determined that the Project provides the only available means for the PUC to continue to supply power to Blocks 6 and Q of the Sunnydale Project.

K. Accordingly, the Parties now desire to enter into this Amended MOU to (i) state the conditions under which the PUC shall operate, maintain, replace and repair the PUC Facilities; (ii) confirm the PUC’s right to use the PUC Service Area; (iii) state the terms and conditions for use of the PUC Service Area by the Parties; (iv) clarify that PUC may use the PUC Facilities to serve the entire Sunnydale Project; and (v) clarify the term of the Amended MOU.

L. The Parties intend this Amended MOU to supersede and replace in its entir ety the 2018 MOU.

NOW, THEREFORE, IN CONSIDERATION of the foregoing, the Parties hereby agree as follows:

AGREEMENT

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. Grant of Right of Entry . RPD hereby grants to the PUC and its employees, agents , consultants, contractors and authorized representatives (collectively, the "PUC Agents") the right to enter upon and use the PUC Service Area for the purposes and upon the terms and conditions set forth in this Amended MOU.

3. PUC Use of the PUC Service Area. The Parties hereby agree that the PUC and PUC Agents may enter the PUC Service Area at all times to construct, access, inspect, operate, maintain, repair, modify, and replace the PUC Facilities, perform the Project work, and to perform such other actions as are necessary for the PUC , in its sole discretion, to inspect, install, operate, maintain, repair , modify, and replace the PUC Facilities.

4. Project Schedule. PUC will coordinate construction schedules with RPD to minimize disruption to the public’s use and enjoyment of McLaren Park. PUC will provide ingress to and egress from the Bike Skills Park at all times during the Project. The Project will take approximately three weeks to complete, but the work will not happen on sequential days because multiple parties

3 are involved (PUC, Pacific Gas & Electric, City Department of Building Inspection and a contractor).

5. Protective Measures in Natural Areas. PUC understands that the PG&E pole is near a rare population of orchids and shall work with PG&E to identify protective measures for all work occurring on the south side of Sunnydale Avenue, including but not limited to the possible restriction on the use of vehicles or other motorized equipment in the natural area. PUC will coordinate with RPD to ensure that sufficient protective measures are in place within the project before commencing any work. An RPD-approved Biological Monitor must be on site during construction in the natural areas. If it is determined that a representative from the Natural Areas should be on staff during construction, PUC will compensate RPD for staff time.

a. Hardscape. Any hardscape above the PUC Facilities shall extend no more than two feet (2') below grade

b. Excavation. No excavation greater than five feet (5') in depth shall occur in the PUC Service Area without submitting an In-City Project Review Application with related attachments to the PUC pursuant to Section 7 (RPD’s Rights and Obligations with Respect to the PUC Service Area) and obtaining the PUC’s prior written consent in its sole discretion.

c. Heavy Vehicles and Equipment . To prevent damage to the PUC Facilities, RPD and RPD Agents shall not use vehicles or equipment exceeding the load criteria established by the PUC within the PUC Service Area during construction and/or maintenance of any improvements on or adjacent to the PUC Service Area, or for any other purpose, without providing advance notice to the PUC and obtaining PUC’s approval.

d. Deep Vibrations. Neither RPD nor RPD Agents shall engage in any construction activities that could cause deep vibrations to the PUC Facilities (a "DV Activity"). A DV Activity includes sheet or pile driving, but does not include use of small typical hand- operated backfill compaction equipment.
e. New Trees and Shrubs . RPD and RPD Agents shall not install any new trees or shrubs in, on or within ten feet (10') of the PUC Facilities without the PUC’s prior written consent.

At least forty-five (45) days prior to planting any new trees or new shrubs in, on or within ten feet (10’) of the PUC Service Area, RPD shall provide, at its own cos t, a planting plan and the professional written opinion of a City arborist or consulting arborist regarding potential harm to the PUC Facilities. The planting plan shall conform to the PUC Vegetation Management Policy. Any planting shall require the PUC’ s prior written consent in its sole discretion . PUC may remove unauthorized trees and shrubs which may harm the PUC Facilities.

4 7. RPD’s Rights and Obligations with Respect to the PUC Service Area.

a. RPD reserves the right to operate and maintain McLaren Park for public use. In addition, RPD further reserves the right to use the PUC Service Area for any public purpose which is not inconsistent with the PUC’s rights hereunder, with the PUC’s prior written consent. The PUC agrees that RPD may maintain public walkways over, across, and along the PUC Service Area; provided, however, that (i) RPD shall conform to the vegetation restrictions stated in Section 6.e (New Trees and Shrubs ); (ii) RPD shall not use the PUC Service Area, or permit the same to be used, for any purpose or in any manner which shall interfere with, damage or endanger the PUC Facilities; and ( iii) the PUC shall not be required to maintain, repair or replace any RPD improvement over, across or along the PUC Service Area except as provided in Section 12 (Restoration of Surface Improvements).

b. In the event that RPD or its employees, agents, contractors or licensees propose any new installation in the PUC Service Area, (i) RPD shall complete and submit to PUC an In -City Project Review Application with related attachments; (ii) RPD shall participate in PUC Project Review as early as is practicable; (iii) as part of, or following, Project Review, RPD shall provide to the PUC, at the address es stated in Section 16.b ( Other Notices) , copies of the plans and specifications for any proposed installation, to provide the PUC an opportunity to review and comment on such report and plans; ( iv) RPD shall obtain the PUC’s prior written approval of the plans and specifications for any proposed installation, which approval shall not be unreasonably withheld or delayed; ( v) there shall be a minimum of an eight -foot (8’) linear clearance on a horizontal plane between any above-ground installation and any then- existing PUC Facility within the PUC Service Area, unless the PUC otherwise consents in writing; ( vi) such installation, repair and replacement shall be performed in a manner that does not endanger or damage any then-existing PUC Facilities within the PUC Service Area; and (v ii) once installed, RPD shall provide the PUC with a copy of the as-built drawings for each such installation.

8. Effective Date; Term. The term of this Amended MOU shall commence on January 1, 2018 and shall terminate upon the later of December 31, 2027 or completion of a new electrical switchgear that provides full service to the Sunnydale Project and determination by PUC that the PUC Facilities are no longer required to provide service to the Sunnydale Project. Upon termination of this Amended MOU, PUC shall remove the temporary overhead line and associated poles within a reasonable period with plan and schedule approved by RPD.

9. Restriction on Access; Limits on Interference with Public Use. PUC shall maintain access to McLaren Park facilities during any work permitted under this Amended MOU. The PUC shall use reasonable efforts to conduct all installation, maintenance, repair , modification and replacement in, under and on the PUC Service Area in a manner that minim izes interference with public use, taking into account the scope of work to be performed. Public access shall be maintained, or an alternate route will be provided during the removal of the PUC Facilities.

10. Insurance. Each Party shall require any third party it hires in connection with third party use of the PUC Service Area to secure such insurance as is recommended by the City Risk Manager.

The City and its officers, agents, and employees shall be included as additional insureds with respect to any such insurance.

5 11. Restrictions on Use; Compliance with Law. As used herein, Hazardous Materials shall mean any substance, water or material that has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety or property. If a Party's activities disturb any pre -existing Hazardous Material conditions not caused by that Party or its agents, that Party shall be responsible under this Amended MOU for the cost of compliance with laws respecting such Hazardous Material condition only to the extent that such Party's handling, excavation, relocation, investigation, disposal or other exercise of control over the PUC Service Area exacerbated such pre-existing Hazardous Material which resulted in City incurring new or additional costs or liability. The remaining costs of compliance associated with such release or threatened release shall be borne and allocated within the City as it would be in the absence of this Amended MOU. Each Party shall immediately notify the other Parties in writing of any release or threatened release of any Hazardous Materials, whether or not the release is in quantities that would require reporting to a governmental or regulatory agency under the law. The term “release” or “threatened release” when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under or about the PUC Service Area.

13. RPD Maintenance and Repairs. RPD agrees that any damage to the PUC Service Area or PUC Facilities caused by any construction, installation, maintenance, repair or any other activity of RPD or RPD Agents permitted hereunder shall be repaired and the PUC Service Area shall be restored to its prio r condition upon completion of the construction, maintenance, repair or other activities at RPD’s sole cost. PUC may elect to perform any such repairs to PUC Facilities, in which event RPD shall pay the cost to PUC within thirty (30) days after receipt of PUC's invoice.

14. Planned-Activity Notices Required. The Parties shall provide at least forty-five (45) days prior written notice of each and all of the ir planned activities in the PUC Service Area to the other Party at the addresses specified in Section 16.b (Other Notices). Any construction activities by RPD or RPD Agents shall comply with Section 7 (RPD’s Rights and Obligations with Respect to the PUC Service Area). Notwithstanding the foregoing, in an emergency, the Parties shall provide notice as provided in Section 16.a (Emergency Notices).

15. Emergency Notices Required . The Parties shall notify any affect ed Party in case of emergency as specified in Section 16.a (Emergency Notices).

16. Notices.

a. Emergency Notices. The Parties must provide immediate telephonic and email notice of any emergency affecting the PUC Service Area as follows:

6 To PUC: Power Enterprise Utility Field Services
Primary Tel: (415) 635-5111
Secondary Tel: (4l5) 635-5112

To RPD: Park Patrol
Tel: (415) 242-639 l

b. Other Notices. Except as otherwise provided in Sections 14, 15 and 16.a respecting emergencies, all notices, demands, consents or approvals which are or may be required to be given by any Party to the others under this Amended MOU shall be in writing and shall be given in person to such representatives of RPD and PUC as shall from time to time be designated by the Parties for receipt of notices, or by reputable commercial courier providing confirmation of delivery, or via the United States mail, postage prepaid, certified mail, return receipt requested , and addressed as follows:

To RPD: General Manager
San Francisco Recreation and Park Department
McLaren Lodge, Golden Gate Park
501 Stanyan Street
San Francisco, CA 94117
To PUC: Assistant General Manager for Power

San Francisco Public Utilities Commission
525Golden Gate Avenue, 13th Floor
San Francisco, CA 94102

with a copy to:

Real Estate Director
SFPUC Real Estate Services
525 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102

or to such other address with respect to any Party as that Party may from time to time designate by notice to the others given pursuant to the provisions of this Section.

17. Miscellaneous Provisions.

a. Further Assurances. The Parties hereto agree to execute and acknowledge such other and further documents as may be necessary or reasonably required to carry out the mutual intent of the Parties as expressed in this Amended MOU.

b. Incorporation of Exhibits. All exhibits referenced in and attached to this Amended MOU are incorporated herein by this reference and made part hereof.

c. Amendments; Corrections of Technical Errors. Neither this Amended MOU nor any of its terms may be amended or modified except by a written instrument executed by the Parties. If by reason of inadvertence, and contrary to the intention of the Parties, errors are made in this

7 Amended MOU, then the Parties by mutual agreement may correct such error by written memorandum executed by them without the necessity of a formal amendment of this Amended MOU. The department directors, in consultation with the City Attorney, may execute such written memorandum on behalf of their respective departments.

d. Counterparts. This Amended MOU may be signed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.

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8 IN WITNESS WHEREOF, the Parties have caused this Amended MOU to be executed as of the date first written above.

AGREED TO AS WRITTEN ABOVE:

SAN FRANCISCO RECREATION AND

PARK DEPARTMENT

By: ___________________________
PHILIP A. GINSBURG
General Manager

SAN FRANCISCO PUBLIC UTILITIES

COMMISSION

By: ___________________________
DENNIS J. HERRERA
General Manager

Date: ________________________

Resolution No.: ________________

JUN 0 7 2019 San Francisco
Water Powei Sewer
Services of the San Francisco Public Utilities Commission 525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102
T 415.554.3155
F 415.554.3161
Try 415.554.3488
Date: June 6, 2019
To: Harlan L. Kelly,
Through: Barbara stant General Manager, Power
Catherine Spaulding, Deputy Manager of Programs & Planning From: Manuel Ramirez
Manager, Redevelopment Projects — Power Enterprise
Subject: Supplemental letter to Memorandum of Understanding (MOU) between San Francisco Recreation and Parks (SFRPD) and
SFPUC for the Sunnydale Hope SF Project

The attached letter is a supplemental memo to the MOU authorized by the Commission by resolution number 18-007, adopted on January 9, 2018 and signed in February 2018. The letter provides more detail and information on the scope of installations, and to clarify roles and responsibilities outlined in the MOU between SFRPD and SFPUC for the Sunnydale Hope SF Project. The letter will guide the MOU's actions and directives on the construction of new electrical facilities on Sunnydale Avenue in McLaren Park. The project is being funded by the Mayor's Office of Housing the Community Development and Mercy Housing through grant funding.

If you have any questions, please contact:

Raul Mosuela at [email protected] / 415-487-5290 or Manuel Ramirez at [email protected] / 415-554-1538
London N. Breed
Mayor
Ann Moller Caen
President
Francesca Vietor
Vice President
Anson Moran
Commissioner
Sophie Maxwell
Commissioner
Tim Paulson
Commissioner
Harlan L Kelly, Jr.

General Manager
OUR MISSION: To provide our customers with high-quality, efficient and reliable water, power and sewer services in a manner that values environmental and community interests and sustains the resources entrusted to our care.

SAII rAHCiO

RECREATION
6/ PARKS
London N. Breed, Mayor
Philip A. Ginsburg, General Manager
Date: May 20, 2019
To: Harlan Kelly, Jr., General Manager, San Francisco Public Utilities Commission From: Phil Ginsburg, General Manager, San Francisco Recreation and Parks CC: Toks Ajike, Stacy Bradley, Brian Stokle (SF Rec & Park), and Barbara Hale, Sam Larano, Raul Mosuela (SFPUC)
Subject: Roles and Responsibilities of Tasks regarding "West Electrical Service" - Temporary Use of a Portion of McLaren Park for Electrical Facilities along Sunnydale Avenue.

General Manager Kelly,
The letter and list of installations below clarify the Memorandum of Understanding (MOU) (dated February 28, 2018) by and between San Francisco Recreation and Parks (RPD) and the San Francisco Public Utilities Commission (SFPUC) for the Sunnydale HOPE SF Project as they relate to the electrical facilities along Sunnydale Ave in McLaren Park (West Electrical Service). These roles and responsibilities will guide the MOU's actions and directives.

As mentioned in the MOU, the agreement is to ensure that the San Francisco Housing Authority (SFHA) maintains temporary electrical service to buildings at Sunnydale during the phased development of Sunnydale HOPE SF, while also establishing a permanent electrical connection to McLaren Park along Sunnydale Avenue, including RPD buildings at 2056 Sunnydale Avenue and 2050 Sunnydale Avenue, thus providing a park benefit and park purpose for the project.

Sites:

1. Temporary Overhead Power Line Connection across Sunnydale Avenue and between Pacific Gas and Electric (PG&E) and SFPUC services.

2. Underground Electrical Distribution Line along Sunnydale Avenue from the Gleneagles Golf Course Entrance to the edge of the Sunnydale-Velasco Public Housing Property, including associated stub outs, vaults, secondary lines, communications conduits and sidewalk replacement work (if removed for construction).

3. 2056 Sunnydale Avenue RPD Restroom and associated connections, meter, meter box and electrical service to the restroom.

4. 2050 Sunnydale Avenue Building and associated connections, conduits, meter, meter box, telecommunications and electrical service to building.

This letter, the previously outlined MOU (February 28, 2018) and list of installations and responsible agencies authorizes the PUC to proceed on West Electrical Service Project under the conditions outlined in the MOU and this letter.

Capital and Planning Division I 30 Van Ness Avenue, 3rd Floor I San Francisco, CA 94102 I (415) 581-2559 I WEB: sfrecpark.org

SFPUC
SFPUC RPD permit required for work in
McLaren Park, Public Works permit
required for work in front of bike park
along Sunnydale Ave ROW.

SFPUC to replace any removed sidewalk
(concrete or asphalt) for construction.

Ensure all new vaults and other
handhole lids are traffic rated and have
necessary measures to maintain
structural integrity from large vehicles.

Roles and Responsibilities by site
Site Detail Agency
res. onsible
Notes

Temporary
Overhead
Lines

Poles, electrical connections SFPUC PG&E to install pole(s), wires and make electrical connections to the metering
pole.

Removal of temp poles SFPUC

After Sunnydale-Velasco housing project
permanent power switchgear is installed
and energized

Underground
Distribution
Line
Underground duct bank and high
voltage lines between SFPUC
temporary overhead service and
Sunnydale-Velasco Housing,
along Sunnydale Ave.

SFPUC Awaiting PG&E approvals to begin
construction.

Secondary lines, vaults &
communications conduits
Remove existing overhead service SFPUC
for streetlights on Gleneagles
overflow parking. Connect
power from current streetlight at
Gleneagles overflow parking lot
(or replacement streetlight in
same location) to the
underground duct bank
Stub outs to 2050 and 2056
Sunnydale Ave.

Permitting with RPD &. Public
Works
Sidewalk Work SFPUC
SFPUC Connecting high voltage
2056
Sunnydale
(RPD
restroom)
Conduits between stub outs and
restroom unit
MTA

Work covered under a separate MOU
with MTA.

COMPLETED

Wires and connections from
transformer to RPD restroom
meter
SFPUC

Wire connections to RPD restroom
meter

Wall-mounted meter enclosure
Wires and connections from
meter to restroom distribution
panel
SFPUC to
furnish,
RPD to
install
RPD
SFPUC to furnish within 3 months of
installation of restroom.

RPD to obtain a final inspection from
Department of Building and Inspection
(DBI) or Authority Having Jurisdiction
(AHJ)
2 Site Detail Agency
responsible
Notes
2056
Sunnydale
Electrical conduits between stub
outs and restroom unit

MTA COMPLETED
(MTA
restroom)
Podium or wall-mounted meter
enclosure

MTA COMPLETED
included for
reference
only
Wires and connections from
transformer to MTA restroom
meter
SFPUC

Wires and connections from
meter to restroom distribution
panel
MTA MTA to obtain a final inspection
from DBI or AHJ
2050
Sunnydale
Building
Trench and electrical conduit
connecting stub outs to building
exterior wall-mounted meter
enclosure,
SFPUC RPD and SFPUC have selected
placing the meter on the wall
between the south stairway and
the ground level utility doors on
the east side of the building.

Wall-mounted meter enclosure SFPUC

Wires and connections from
transformer to wall-mounted
meter
SFPUC

Wires and connections from
meter into building distribution
panel.

RPD RPD to obtain a final inspection
from DBI or AHJ
Telecommunications conduit
connecting Sunnydale Ave conduit
to 2050 Sunnydale Ave. building.

SFPUC

3 Existing utility poles (to remain)
O Existing streetlight (to remain)
Existing above ground wires (to remain)
Existing above ground wire (to be removed)
17 Vault
Sidewalk (existing)
Sidewalk or appropriate traffic rated lids for vaults (proposed) I= Buildings
a
• mot
Revised Mary 15, 2019
Proposed underground connection to facilities
Existing undeground conduits
Proposed above ground utility poles
Proposed underground connection to HOPE SF
Proposed above ground wire connection
SFPUC-Proposed Power at Sun nydale Ave - McLaren Park
(,\„„Lo-o"''
Existing streetiiht; .
(to remain) -
3 proposed
above ground
N
okio
utility poles
I GK ..

Ol
Evisting utility
poles
(to remain)
Rec & Park Property
McLaren
Bike Park
Cl/
'
Ex/sting
1=t above sound
wire to be
Restrooms
(2056 Sunnydale)
#1114
• :4,..
. HOPE,SF
I lk.... Sunnydale
// . ,
Johnirctiren --`;1 -.Z1.- /
' (SFo$0
Ric & Park Property

By:

Phil Ginsburg
General Manager
Please sign below to accept the roles and responsibilities detailed above. This memo, upon agreement and signoff by staff, will be considered as an attachment to the original MOU to provide clarity of roles and responsibilities as outlined in the MOU.

San Francisco Recreation and Park Department San Francisco Public Utilities Commission cwt,
Harlan Harlan Kelly, Jr.

General Manager
Date: Date: 61'2:7 1'1

5 San Francisco
Water Sewer
Services of the San Francisco Public Utilities Commission 525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102
T 415.554.3155
F 415.554.3161
Try 415.554.3488
Date: February 28, 2018
To: Harlan L. Kelly, Jr.
. 0 11 '
From: Barbara Hale, Assistant General Manager, Power
San Francisco Public Utilities Commission
Subject: Signing MOU between SFRPD and SFPUC for the Sunnydale HOPE SF Project
Recommendation:

Execute by Signature
By resolution number 18-0007, adopted January 09, 2018, the Commission authorized the General Manager of the San Francisco Public Utilities Commission to execute a Memorandum of Understanding (MOU) with the San Francisco Recreation and Parks Department. This MOU identifies individual and shared agency responsibilities which will allow the City and County of San Francisco to maintain electrical service to existing buildings at Sunnydale during the development of Sunnydale HOPE SF. The MOU has a term of nine (9) years.

Mark Farrell
Mayor
Ike Kwon
President
Vince Courtney
Vice President
Ann Moller Caen
COMMISSI01101
Francesca Vietor
Commissioner
Anson Moran
Commissioner
Harlan L. Kelly, Jr.

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (this "Agreement"), dated for reference purposes only as of , 2018, is made by and between the SAN FRANCISCO RECREATION AND PARKS DEPARTMENT ("RPD") and the SAN FRANCISCO PUBLIC UTILITIES COMMISSION ("PUC") (each, a "Party" and collectively, the "Parties").

RECITALS
A. The Parties are departments or divisions of the City and County of San Francisco, a municipal corporation ("City"). City owns certain real property known as McLaren Park (the "McLaren Park"). McLaren Park is under RPD's jurisdiction and is generally depicted on the attached Exhibit A.

B. The PUC has jurisdiction over and operates and maintains the City's municipal electrical distribution and service facilities.

C. The Sunnydale-Velasco HOPE SF development project ("Sunnydale HOPE SF"), adjacent to McLaren Park, is a multi-phase project where residents in existing buildings at Sunnydale-Velasco Public Housing ("Sunnydale") will move to new buildings in phases, allowing demolition of existing buildings.

D. The City and the San Francisco Housing Authority desire to maintain electrical service to existing buildings at Sunnydale during the development of Sunnydale HOPE SF. To that end, PUC seeks permission to install a temporary overhead line connecting to PG&E's existing distribution line immediately south of Sunnydale Avenue within McLaren Park, up to four poles to switch from PG&E power to PUC power, an underground 4 kilovolt (kV) electrical distribution line, and appurtenances such as underground boxes and vaults (collectively, "PUC Facilities"), within the area shown on Exhibit A, referred to herein as the "PUC Service Area." The work to install the PUC Facilities and provide the benefits described in Recital E will be referred to herein as the "Project."
E. To benefit McLaren Park, the Project will replace and relocate the existing overhead line from the PG&E facilities to the streetlight near the Glen Eagles golf course driveway, replace the streetlight and connect it to the new underground distribution system along Sunnydale Avenue, provide a stub out for a power connection for RPD's new bike skills park, reconnect RPD's building at 2050 Sunnydale Avenue to the PUC Facilities (the current connection comes from San Francisco Unified School District property across the street and is not to code), and install conduit for future communications facilities within the joint trench for RPD's use.

F. Accordingly, the Parties now desire to enter into this Agreement to (i) state the conditions under which the PUC shall operate, maintain, replace and repair the PUC Facilities; (ii) confirm the PUC's right to use the PUC Service Area; and (iii) state the terms and conditions for use of the PUC Service Area by the Parties.

NOW, THEREFORE, IN CONSIDERATION of the foregoing, the Parties hereby agree as follows:

AGREEMENT

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. Grant of Right of Entry. RPD hereby grants to the PUC and its employees, agents, consultants, contractors and authorized representatives (collectively, the "PUC Agents") the right to enter upon and use the PUC Service Area for the purposes and upon the terms and conditions set forth in this Agreement.

3. PUC Use of the PUC Service Area. The Parties hereby agree that the PUC and PUC Agents may enter the PUC Service Area at all times to construct, access, inspect, operate, maintain, repair, modify, and replace the PUC Facilities, perform the Project work, and to perform such other actions as are necessary for the PUC, in its sole discretion, to inspect, install, operate, maintain, repair, modify, and replace the PUC Facilities.

4. Project Schedule. PUC will coordinate construction schedules with RPD to minimize disruption to the public's use and enjoyment of McLaren Park. PUC will provide ingress to and egress from the Bike Skills Park at all times during the Project. The Project will take approximately three weeks to complete, but the work will not happen on sequential days because multiple parties are involved (PUC, Pacific Gas & Electric, City Department of Building Inspection and a contractor).

6. PUC Facilities Protection Measures. RPD and its employees, agents, consultants, contractors and authorized representatives (collectively, "RPD Agents") shall not take any action in, on, under or about the PUC Service Area that may damage or interfere with the PUC Facilities or related facilities. Without limiting the foregoing, the RPD agrees as follows:
a. Hardscape. Any hardscape above the PUC Facilities shall extend no more than two feet (2') below grade.
b. Excavation. No excavation greater than five feet (5') in depth shall occur in the PUC Service Area without submitting an In-City Project Review Application with related

attachments to the PUC pursuant to Section 7 (RPD's Rights and Obligations with Respect to the PUC Service Area) and obtaining the PUC's prior written consent in its sole discretion. c. Heavy Vehicles and Equipment. To prevent damage to the PUC Facilities, RPD and RPD Agents shall not use vehicles or equipment exceeding the load criteria established by the City for areas in the public right of way within the PUC Service Area during construction and/or maintenance of any improvements on or adjacent to the PUC Service Area, or for any other purpose, without providing advance notice to the PUC and obtaining PUC's approval. d. Deep Vibrations. Neither RPD nor RPD Agents shall engage in any construction activities that could cause deep vibrations to the PUC Facilities (a "DV Activity"). A DV Activity includes sheet or pile driving, but does not include use of small typical hand-operated backfill compaction equipment.
e. New Trees and Shrubs. RPD and RPD Agents shall not install any new trees or shrubs in, on or within ten feet (10') of the PUC Facilities without the PUC's prior written consent. At least forty-five (45) days prior to planting any new trees or new shrubs in, on or within ten feet (10') of the PUC Service Area, RPD shall provide, at its own cost, a planting plan and the professional written opinion of a City arborist or consulting arborist regarding potential harm to the PUC Facilities. The planting plan shall conform to the PUC Vegetation Management Policy. Any planting shall require the PUC's prior written consent in its sole discretion. PUC may remove unauthorized trees and shrubs which may harm the PUC Facilities.

7. RPD's Rights and Obligations with Respect to the PUC Service Area. a. RPD reserves the right to operate and maintain McLaren Park for public use. In addition, RPD further reserves the right to use the PUC Service Area for any public purpose which is not inconsistent with the PUC's rights hereunder, with the PUC's prior written consent.

The PUC agrees that RPD may maintain public walkways over, across, and along the PUC Service Area; provided, however, that (i) RPD shall conform to the vegetation restrictions stated in Section 6.e (New Trees and Shrubs); (ii) RPD shall not use the PUC Service Area, or permit the same to be used, for any purpose or in any manner which shall interfere with, damage or endanger the PUC Facilities; and (iii) the PUC shall not be required to maintain, repair or replace any RPD improvement over, across or along the PUC Service Area except as provided in Section 12 (Restoration of Surface Improvements).
b. In the event that RPD or its employees, agents, contractors or licensees propose any new installation in the PUC Service Area, (i) RPD shall complete and submit to PUC an In- City Project Review Application with related attachments; (ii) RPD shall participate in PUC Project Review as early as is practicable; (iii) as part of, or following, Project Review, RPD shall provide to the PUC, at the addresses stated in Section 16.b (Other Notices), copies of the plans and specifications for any proposed installation, to provide the PUC an opportunity to review and comment on such report and plans; (iv) RPD shall obtain the PUC's prior written approval of the plans and specifications for any proposed installation, which approval shall not be unreasonably withheld or delayed; (v) there shall be a minimum of an eight-foot (8') linear clearance on a horizontal plane between any above-ground installation and any then-existing PUC Facility within the PUC Service Area, unless the PUC otherwise consents in writing; (vi) such 3 installation, repair and replacement shall be performed in a manner that does not endanger or damage any then-existing PUC Facilities within the PUC Service Area; and (vii) once installed, RPD shall provide the PUC with a copy of the as-built drawings for each such installation.

8. Effective Date; Term. The term of this Agreement shall commence on the date specified in the introductory paragraph of this Agreement and shall terminate on the earlier of (a) nine (9) years; or (b) completion of a new electrical switchgear serving Sunnydale. Upon termination of this Agreement, PUC shall remove the temporary overhead line and associated poles.

9. Restriction on Access; Limits on Interference with Public Use. PUC shall maintain access to McLaren Park facilities during any work permitted under this Agreement. The PUC shall use reasonable efforts to conduct all installation, maintenance, repair, modification and replacement in, under and on the PUC Service Area in a manner that minimizes interference with public use, taking into account the scope of work to be performed.

10. Insurance. Each Party shall require any third party it hires in connection with third party use of the PUC Service Area to secure such insurance as is recommended by the City Risk Manager. The City and its officers, agents, and employees shall be included as additional insureds with respect to any such insurance.

11. Restrictions on Use; Compliance with Law. As used herein, Hazardous Materials shall mean any substance, water or material that has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety or property. If a Party's activities disturb any pre-existing Hazardous Material conditions not caused by that Party or its agents, that Party shall be responsible under this Agreement for the cost of compliance with laws respecting such Hazardous Material condition only to the extent that such Party's handling, excavation, relocation, investigation, disposal or other exercise of control over the PUC Service Area exacerbated such pre-existing Hazardous Material which resulted in City incurring new or additional costs or liability. The remaining costs of compliance associated with such release or threatened release shall be borne and allocated within the City as it would be in the absence of this Agreement. Each Party shall immediately notify the other Parties in writing of any release or threatened release of any Hazardous Materials, whether or not the release is in quantities that would require reporting to a governmental or regulatory agency under the law. The term "release" or "threatened release" when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under or about the PUC Service Area.

12. Restoration of Surface Improvements. RPD acknowledges that PUC inspection, maintenance, repair, modification and replacement activities may result in damage to improvements in the PUC Service Area. The PUC shall restore to Base Conditions or the cost equivalent. "Base Conditions" is defined as three-inch (3") thick asphalt concrete over eight- inch (8") thick Portland cement concrete for paved areas and native backfill for unpaved areas. 4 13. RPD Maintenance and Repairs. RPD agrees that any damage to the PUC Service Area or PUC Facilities caused by any construction, installation, maintenance, repair or any other activity of RPD or RPD Agents permitted hereunder shall be repaired and the PUC Service Area shall be restored to its prior condition upon completion of the construction, maintenance, repair or other activities at RPD's sole cost. PUC may elect to perform any such repairs to PUC Facilities, in which event RPD shall pay the cost to PUC within thirty (30) days after receipt of PUC's invoice.

14. Planned-Activity Notices Required. The Parties shall provide at least forty-five (45) days prior written notice of each and all of their planned activities in the PUC Service Area to the other Party at the addresses specified in Section 16.b (Other Notices). Any construction activities by RPD or RPD Agents shall comply with Section 7 (RPD's Rights and Obligations with Respect to the PUC Service Area). Notwithstanding the foregoing, in an emergency, the Parties shall provide notice as provided in Section 16.a (Emergency Notices).

15. Emergency Notices Required The Parties shall notify any affected Party in case of emergency as specified in Section 16.a (Emergency Notices).

16. Notices.
a. Emergency Notices. The Parties must provide immediate telephonic and email notice of any emergency affecting the PUC Service Area as follows:

To PUC: Power Enterprise Utility Field Services
Primary Tel: (415) 635-5111
Secondary Tel: (415) 635-5112
To RPD: Park Patrol
Tel: (415) 242-6391
b. Other Notices. Except as otherwise provided in Sections 14, 15 and 16.a respecting emergencies, all notices, demands, consents or approvals which are or may be required to be given by any Party to the others under this Agreement shall be in writing and shall be given in person to such representatives of RPD and PUC as shall from time to time be designated by the Parties for receipt of notices, or by reputable commercial courier providing confirmation of delivery, or via the United States mail, postage prepaid, certified mail, return receipt requested, and addressed as follows:

To RPD: General Manager
San Francisco Recreation and Park Department
McLaren Lodge, Golden Gate Park
501 Stanyan Street
San Francisco, CA 94117
5 To PUC: Collection Systems Division Engineering Section Wastewater Enterprise
San Francisco Public Utilities Commission
3801 Third Street, Suite 600
San Francisco, CA 94124
with a copy to:

Real Estate Director
SFPUC Real Estate Services
525 Golden Gate Avenue, 10t1 Floor
San Francisco, CA 94102
or to such other address with respect to any Party as that Party may from time to time designate by notice to the others given pursuant to the provisions of this Section.

17. Miscellaneous Provisions.
a. Further Assurances. The Parties hereto agree to execute and acknowledge such other and further documents as may be necessary or reasonably required to carry out the mutual intent of the Parties as expressed in this Agreement.
b. Incorporation of Exhibits. All exhibits referenced in and attached to this Agreement are incorporated herein by this reference and made part hereof. c. Amendments: Corrections of Technical Errors. Neither this Agreement nor any of its terms may be amended or modified except by a written instrument executed by the Parties.

If by reason of inadvertence, and contrary to the intention of the Parties, errors are made in this Agreement, then the Parties by mutual agreement may correct such error by written memorandum executed by them without the necessity of a formal amendment of this Agreement.

The department directors, in consultation with the City Attorney, may execute such written memorandum on behalf of their respective departments.
d. Counterparts. This Agreement may be signed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. [No further text this page]
6 By: \-1 I

4./V
PHILIP A. GINSBURG,
General Manager
By:

HARLAN L. KELL
General Manager
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first written above.

AGREED TO AS WRITTEN ABOVE:

SAN FRANCISCO RECREATION AND SAN FRANCISCO PUBLIC UTILITIES

PARK DEPARTMENT COMMISSION
Date:

Resolution No.:
7

CleanPowerSF Sfpuc CommissionApril 11, 2023

CleanPowerSF Sfpuc Commission
April 11, 2023