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r '~ ~~ 4 LICENSE AGREEMENT FOR LANDSCAPING reement' is entered into this 2~_day of March This License Agreement (`Ag ) 2002, by and between the CITY OF PLEASANTON, a munHOA'corporation ("City") and CASTLEWOOD HEIGHTS OWNER'S ASSOCIATION ( ) RECITALS A. The HOA desires to landscape its project frontage along Sunol Boulevard, including a contiguous area owned by the City. B. The City desires to allow the HOA to install and maintain landscaping subject to certain conditions and restrictions. NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. HOA shall have anon-exclusive license to install and maintain landscaping and irrigation improvements upon real property in the City of Pleasanton, County of Alameda, State of California, more particularly described in Exhibit "A", attached hereto and made a part hereof (the "Property"). 2. The HOA's landscaping and irrigation improvements for the Property shall be installed .pursuant to the Sunol Boulevard Slope and Median Island Planting Plan revised December 6, 2001 and approved by the City Engineer on la 27 ~~ Z- and HOA shall ensure that all plantings shall be maintained in a healt ,attractive, and reasonably weed-free condition, using generally accepted methods of cultivation to ensure reasonably normal, healthy plant growth. Maintenance shall include replacement of plantings, when necessary, and all ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other solid waste. All shrubbery and trees shall be maintained so that motorists' sight and view of streets are not obstructed. HOA shall, at no expense to the City, install, maintain, repair, and replace, where necessary, such irrigation systems as are required to provide adequate irrigation in compliance with water conservation practices. 3. Upon thirty (30) days prior notice, the City may terminate this License Agreement for any reason, at its sole discretion. Upon ninety (90) days prior notice, the HOA may terminate this License Agreement; however, upon such HOA initiated termination, the City may require the HOA to remove any and all landscaping and irrigation systems and return the Property to its original condition.