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MEMORANDUM OF UNDERSTANDING AND LICENSE AGREEMENT BY AND BETWEEN PLEASANTON UNIFIED SCHOOL DISTRICT AND CITY OF PLEASANTON (Fencing at Fairlands Elementary School) This MEMORANDUM OF UNDERSTANDING and License Agreement ("MOU and License Agreement") is entered into and effective as of , 2018 ("Effective Date"), by and between the PLEASANTON UNIFIED SCHOOL DISTRICT ("District") and the CITY OF PLEASANTON ("City") with the District and the City collectively referred to as the"Parties." RECITALS WHEREAS, the District owns certain real property located at 4151 West Las Positas Boulevard within the City limits, upon which it operates Fairland Elementary School ("FES") and which District's Property is depicted on the attached EXHIBIT A; and WHEREAS, the District seeks access to and non-exclusive license rights to a portion of the City Property, an area six feet from the District's and the City's Fairlands Park shared Property Line ("Licensed Area")for construction and maintenance of a fence on the District's Property adjacent the City's Fairlands Park ("Fence Work"), together with the right of ingress and egress, and which Licensed Area is depicted on the attached EXHIBIT B; and WHEREAS, the City is willing to allow access the Licensed Area to District, and the District is willing to perform the Fence Work as consideration for the access to the Licensed Area; and WHEREAS, the Parties desire to enter into this MOU and License Agreement to clarify and memorialize the Parties' understanding and define each Party's obligations relating to the Licensed Area and Fence Work. AGREEMENT NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties mutually agree as follows: A. RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this MOU and License Agreement by this reference. B. DISTRICT OBLIGATIONS. In consideration for the City's obligations under this MOU and License Agreement, District shall comply with the following obligations: 1. Fence Work. District obligations in relation to the Fence Work include: a) District as a courtesy will provide the City with the drawings, plans, specifications, or scope of the Fence Work, not subject to City approval. b) District purchase of materials for the chain linked fencing pursuant to District specifications. c) District to bid and award the Fence Work, in compliance with applicable statutes, regulations, and/or grant requirements and in accordance with District's specifications for the Fence Work. MOU AND LICENSE AGREEMENT-PUSD&CITY OF PLEASANTON RE FENCING AT FAIRLAND ES Page 1 of 8