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LICENSE AGREEMENT ,fin This License Agreement("Agreement") is entered into as of t 1\ I ,2019, between the City of Pleasanton, a California municipal corporation ("City"), Sunflower Irby, L.P., a California limited partnership("SHLP"), and Meritage Homes of California, Inc., a California corporation ("Licensee"). The City and SHLP are collectively referred to herein as "Licensor." RECITALS A. The City is the fee owner of that certain real property located in the City of Pleasanton, County of Alameda, California and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the"Licensor Property"). City intends to ground lease the Licensor Property to SHLP and SHLP intends to develop the Licensor Property for multi-family affordable housing. B. Irby Ranch,LLC,a California limited liability company and City are parties to that certain Affordable Housing Agreement dated March 1, 2017(the"AHA"),recorded in the official records of Alameda County as instrument number 2017067946 on March 3,2017("AHA"), and Irby Ranch, LLC subsequently assigned its interest in the AHA to Licensee pursuant to the Assignment and Assumption of Affordable Housing Agreement recorded in the official records of Alameda County as instrument number 2019025653 on February 17,2019. Pursuant to the AHA, Licensee is obligated to perform certain infrastructure work to the Licensor Property. C. Licensor has agreed to permit Licensee access to and the right to use the Licensor Property for the performance of such work. D. The parties are entering into this Agreement to describe the terms for the performance of such work. Now,therefore, for good and valuable consideration,the parties agree as follows: AGREEMENT 1. Right of Entry and Use. (a) Licensor hereby grants to Licensee and its contractors, subcontractors,employees and agents(collectively, the"Licensee Parties")a temporary, personal, non-exclusive and non- possessory right and license to enter upon the Licensor Property as necessary to perform the work described in Exhibit B (the"Work"). Licensee and Licensee Parties enter upon the Licensor Property at their own risk, as the Licensor Property is provided in an as-is condition. (b) Access. Subject to the terms and conditions of this Agreement,the right of entry granted under this Agreement includes the right of access for the Licensee Parties onto and through areas of the Licensor Property as required to perform the Work. License for Construction Work 1-31-19