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ATTACHMENT 1 <br /> MEMORANDUM OF UNDERSTANDING AND LICENSE AGREEMENT <br /> BY AND BETWEEN <br /> PLEASANTON UNIFIED SCHOOL DISTRICT <br /> AND CITY OF PLEASANTON <br /> (Fencing at Mohr Elementary School) <br /> This MEMORANDUM OF UNDERSTANDING and License Agreement ("MOU and License <br /> Agreement") is entered into and effective as of , 2018 ("Effective Date"), by and <br /> between the PLEASANTON UNIFIED SCHOOL DISTRICT ("District") and the CITY OF PLEASANTON <br /> ("City") with the District and the City collectively referred to as the "Parties." <br /> RECITALS <br /> WHEREAS, the District owns certain real property located at 3300 Dennis Drive within the City limits, <br /> upon which it operates Mohr Elementary School ("MES") and which District's Property is depicted on the <br /> attached EXHIBIT A; and <br /> WHEREAS, the District seeks access to and non-exclusive license rights to a portion of the City <br /> Property, an area six feet from the District's and the City's Amaral Park shared Property Line("Licensed Area") <br /> for construction and maintenance of a fence on the shared Property Line to be connected to a few of the <br /> existing City's Amaral Park fence posts("Fence Work"),together with the right of ingress and egress,and which <br /> Licensed Area is depicted on the attached EXHIBIT B; and <br /> WHEREAS, the City is willing to allow access the Licensed Area to District, and the District is willing <br /> to perform the Fence Work as consideration for the access to the Licensed Area; and <br /> WHEREAS, the Parties desire to enter into this MOU and License Agreement to clarify and <br /> memorialize the Parties' understanding and define each Party's obligations relating to the Licensed Area <br /> and Fence Work. <br /> AGREEMENT <br /> NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein <br /> and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the <br /> Parties mutually agree as follows: <br /> A. RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this <br /> MOU and License Agreement by this reference. <br /> B. DISTRICT OBLIGATIONS. In consideration for the City's obligations under this MOU and License <br /> Agreement, District shall comply with the following obligations: <br /> 1. Fence Work. District obligations in relation to the Fence Work include: <br /> a) District as a courtesy will provide the City with the drawings, plans, specifications, <br /> or scope of the Fence Work, not subject to City approval. <br /> b) District purchase of materials for the chain linked fencing pursuant to District <br /> specifications. <br /> c) District to bid and award the Fence Work, in compliance with applicable statutes, <br /> regulations, and/or grant requirements and in accordance with District's <br /> specifications for the Fence Work. <br /> MOU-PUSD&CITY OF PLEASANTON RE FENCING AT MOHR ES Page 1 of 8 <br />