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ATTACHMENT 1 to additional Bernal Community Park improvements. The City will consult with the Sports Groups to identify the improvements subject to approval by the City Council. 5. The Sports Groups shall at all times conduct the fundraising campaign consistent with the fund raising terms of this agreement and as may be modified in writing by the City. 6. All funds collected through the fundraising campaign will be delivered to the City. The City will require all donations to be made to the City of Pleasanton utilizing City provided forms. 7. All Bernal Community Park, Phase I and Phase II field assignments will be consistent with the City's current Field Allocation Policy. 8. To assist with overall fundraising coordination, the City and the Sports Groups will establish a Steering Committee that will meet as needed, or no less than quarterly, throughout the fundraising campaign to discuss progress. The Steering Committee will include a representative from each participating sports organization and two representatives from the City. The primary purpose of the Steering Committee will be to resolve matters related to donations, provide guidance regarding the fundraising campaign, approve modifications to donor requirements for name recognition, and to provide updates regarding project construction and the fundraising effort. 9. The fundraising campaign will begin concurrent with the awarding of the Bernal Park Phase II construction contract unless approved otherwise by the City. 10. In recognition of the Sports Groups involvement in the fundraising campaign, the City agrees that during the term of ten years after the Park's opening, it will not assess field usage fees for the Sports Groups, or for visiting teams participating in a tournament sponsored by a participating Sports Group. This non assessment does not include the current agreement related to the Pleasanton Unified School District supplemental field maintenance fee. 11. This MOU will not prevent an individual sport group from separate fundraising not related to the Bernal Park Phase II improvements or from using registration fees for the purpose of purchasing equipment or facilities (batting cage, pitching machine, etc.) that could be used at the Bernal Park or other City Parks. The City will work cooperatively with the Sports Groups to store and locate this equipment/ facilities. IV. Miscellaneous 1. NO ASSIGNMENT. Neither party shall assign this Agreement, or any of the benefits or obligations herein. 2. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to Any modification to this Agreement must be in writing and signed by all parties. -5- November 18, 2014