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VI. Construction <br />a. City shall cause to be constructed and developed with approval by the District, a <br />recreation open space improvement, hereinafter referred to as "school open space <br />improvement," Site consistent with the concept plan Option D hereinafter known <br />as "Plan" (see exhibit B). Within the city's contribution per Section IV, the City <br />shall pay the cost of fees for architectural and engineering services required in <br />designing, calling for bids; advertising and awarding the construction contract. <br />City shall have the power to award said construction contract and to enter into <br />MOUs for the required architectural and engineering services. City shall design <br />and pay the actual costs of construction of said school open space improvement <br />from the funds made available in Section IV. In the construction of said <br />improvement, the City shall conduct all required environmental testing (if any), <br />obtain all necessary permits and shall comply with all applicable state laws. If <br />City discovers any previously unknown hazardous condition(s), the City may <br />choose not to proceed with the project and shall notify the District to that effect. <br />b. District hereby agrees and grants such access to City to enter the school site as <br />may be necessary in order to further the construction and development. <br />VII. Ownership of Improvements and Cost Repairing and Replacing Same <br />All improvements installed on the Site shall remain property of the District, which shall <br />be solely responsible for the repair and replacement of damaged property. <br />VIII. Maintenance Responsibilities <br />District shall be solely responsible for maintenance of the Site and Facilities. <br />IX. Term of This MOU <br />This MOU shall be in effect 20 years from the date of the last signature affixed hereto. <br />The District is solely responsible for providing the site for the term required by any <br />requirement or condition of the grant funding. <br />X. Termination of MOU <br />a. Notice of Termination. Either party may terminate this MOU by delivery of <br />written notice of election to terminate at least six (6) months in advance. Notices <br />shall be served either by personal delivery or mail, as follows: <br />CITY: DISTRICT: <br />City Manager Superintendent <br />City of San Leandro, Civic Center San Leandro Unified School District <br />835 East 14th Street 14735 Juniper Street <br />San Leandro, California 94577 San Leandro, California 94579 <br />-3- <br />